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Who Pays the Attorneys Fees?

Are you interested in getting your spouse to pay your attorney's fees? Depending on the nature of your divorce case, this may be a possibility. Typically, you can only have your spouse pay yoru attorney's fees if that individual was the one that filed the divorce, or if that individual prolonged the case longer than was necessary. The California Family Code mandates that attorney's fees can be paid when there is also a great difference of income between the parties or when one of the parties is very uncooperative and is the reason that the case has dragged on for so long.

Court officials reason that if a spouse has caused the case to drag on, then the other spouse should not be responsible for paying for his or her attorney for the extended and unnecessary amount of time. Also, if you are an unemployed spouse and your husband or wife was the breadwinner in the family, you may be able to use this argument to your advantage in order to avoid having to pay your own attorney's fees. The Court has broad discretion over these cases, and can grant or deny the responsibility of attorney's fees to one spouse in any situation.

According to Divorce HQ, the courts grant attorney's fees responsibilities to one spouse sparingly. Even if you are awarded attorney's fees to be paid by your spouse, chances are that you will be responsible to pay the bill until the fees are actually collected. Your spouse will be responsible to reimburse you in this situation. If you want more information, then you will want to discuss your current situation with a lawyer at Cutter & Lax. The dedicated attorneys at this firm will try to make a case for you regarding attorney's fees if circumstances permit the argument. These knowledgeable and experienced attorneys want to help you!

Categories: Divorce, Family Law


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