Getting a divorce takes a toll not only your emotional state, but on your
finances. Given the expense associated with legal proceedings, it is commonly
asked whether you can hold your ex responsible for your attorney fees.
The answer to this question, like most things involving the law, depends
on the specific facts of your case.
The one instance where you are able to have your ex pay your attorney fees
is when your spouse has engaged in dishonest behavior during the pendency
of your divorce case. The New Jersey Courts have provided some
guidance in a case involving the divorce of two doctors, the children were in their
father's custody while their mother paid support. When the kids turned
18, the mother filed a motion to emancipate her children and terminate
her support obligation. The father objected, claiming one of his sons
was a full time college student and still in need of financial support.
Part of the husband's request, in this matter, was for his ex-wife
to pay his attorney fees. The Court agreed and ordered the wife to pay
the fees, specifically stating her misrepresentation about her son's
financial independence warranted a finding that she be responsible for
the attorney fees incurred by her ex-husband.
In other cases, the facts may not be so clear cut. Sifting through the
evidence and identifying pieces that are beneficial to your case is a
task best left to a trained divorce attorney. We know what to look for,
how it will help your case, and how to present it to the Court in a light
most favorable to your position. We understand the importance of financial
freedom during and after your divorce, and work with you to reach solutions
that fit your needs.
For more information on when you can request your ex-spouse pay your attorney
fees, call an experienced family law attorney for answers to your questions.
We can be reached online at
http://www.divorcelawyers1.com. Call today to schedule an appointment.