DADI Blog

Who Pays Legal Fees?

Posted by admin on April 27th, 2006

Most of the time in divorce cases; each person pays for their own attorney separately. But, there are cases where the court may decide to order that both parties share the legal fees equally or one pays more than other, etc,,

Legal fees can be determined in the same ways or similar to the ones used to award alimony. In these cases, the judge would have to decide if a person can pay their legal fees or if the spouse should pay.

In some divorce cases, however, an attorney may ask for some money upfront as a contingency, when this happens you must have some money to give him for him to start working on your case. So, this money you must come up with before you can retain his services. The attorney will use this money for such things as court filing fees, transcripts of testimonies, obtaining records, cost of expert witnesses, travel expenses and other pertinent information.

The best way in which to keep costs low in your divorce or within your budget if you think you will have to pay all of the legal fees and get nothing back from your spouse is to do much of the leg work yourself. You can make copies, run to the courthouse to file papers, etc.

Another way to ensure that the legal fees are equally shared between you and your spouse is to if at all possible sit down and talk with your spouse prior to the filing. Sign an agreement with them pertaining to all aspects of the divorce, compromise as much as possible on this agreement. Things that should be discussed include who keeps the home, the automobiles, has custody of the children, child support, insurance payments, tax payments, and agree that each of you will pay one half of the legal fees. If this is possible you will at least have an agreement, but also remember according to which attorney you both use and their fees the cost can still be tremendous.

If your legal fees are rising because of a stubborn spouse and you are spending more and more money of such things as depositions to proof that you were right and that you never had an affair you may wish to ask the court that your spouse be responsible for the extra that you have had to pay.

In addition, if you are asking for alimony, you may also use this information to ask for help with your legal fees.

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