The Daily Insight

Connected.Informed.Engaged.

general

Do I Have To Pay For My Wife's Divorce Lawyer?

Writer David Wilson

While it is true that “no excellent marriage ends in divorce,” it is also true that the worthy process may be emotionally and financially draining. Not only are your assets being divided, but each party will be charged attorney’s fees for almost everything the divorce entails. Even though each divorce case is different, it’s not likely that you will have to pay for your wife’s divorce lawyer.

Silky Terrier Dog Breed Playing Aro... Silky Terrier Dog Breed Playing Around

“Can I get my husband to pay my attorney’s fees?” is one of the most commonly asked questions in divorce proceedings. The majority of family law lawyers bill by the hour, which means you may be charged for time spent on phone conversations, meetings, emails, legal research, and court appearances by your attorney as they design the most personalized strategy and arguments for your case. The expenses may mount up, but in divorce proceedings, the old saying “you get what you pay for” is particularly true. Although some people believe they may save money by representing themselves in a divorce, the reality is that if the other spouse can afford an experienced and aggressive family law attorney, they will be at a major legal disadvantage.

There are, however, solutions to this! To begin, if you are a dependent spouse who is entitled to alimony or other post-separation assistance, you may ask the court for an attorney’s fee award. Spouse 2 shall bear legal responsibility for Spouse 1’s reasonable legal expenses if an order awards Spouse 1 attorney’s fees. If one spouse has acted in bad faith and caused the lawsuit to go on unduly, an award of attorney’s fees may be possible. Finally, if an award of attorney’s fees is not appropriate for you but you are having trouble paying your legal costs, you may petition the court for an advance of your share of the property split from the divorce.

IN NEED OF A DEPENDENT SPOUSE:

In North Carolina, if a spouse qualifies as a “dependent” spouse entitled to alimony or other post-separation support, the court may order that the supporting spouse pay their reasonable attorney’s costs as well.