ATTORNEY'S FEES
Domestic Relations
Attorney’s Fees In General
What is a Dissolution of Marriage Marital vs. Non-Marital Property Issues Regarding Children Maintenance or Alimony Attorney's Fees Procedures and Time Frame Settlement of a Case The final divorce decree usually contains provisions concerning payment of attorney's fees and costs. The court may order each party to pay his or her own attorney's fees. The court may order one party to pay all or part of the other spouse's attorney’s fees. The decision of the court is usually based on the respective financial resources and requirements of the parties. There are certain statutory protections afforded to a spouse who lacks financial resources compared to the other spouse to "level the playing field" when it comes to the ability to afford legal representation. In general, each of the parties is responsible for any fee arrangement made with his or her own attorney. It is advisable that the client discuss fees with the attorney before he or she even hires their attorney, including questions of hourly rates, court costs, the fee responsibility of the other spouse, and the effect of reconciliation or termination of the attorney's services. All fee arrangements must be in writing. Wife's Attorney's Fees You have probably heard of divorce cases where all or part of the wife's attorney's fees were paid by the husband. From my experience, I know that some lawyers representing wives agree to do so on the basis of payment of a retainer fee, with the promise that they will obtain payment for their services from the husband. We do not engage in, or approve of, this practice. Our obligation to you is to attempt to obtain for you, overall, the fairest settlement possible. This is what we promise to do. It is our feeling that when a lawyer represents a wife on the basis that he will collect his fees from the husband, he might be tempted (either consciously or unconsciously) to compromise the wife's right in other areas in order to secure the payment of his fees from the husband. As a matter of fact, in most divorce cases there is only a limited amount of funds, or assets, out of which the wife's attorney's fees can be paid. Since all the assets and funds owned by you and your husband must be apportioned in the divorce proceedings, it makes very little difference if we designate a particular asset, or fund, as "wife's attorney's fees," or if we give it some other designation. In the long run, and in most cases, the wife's attorney's fees are paid out of the assets and funds of the couple. © 2007 Joseph M. Lucas & Associates, L.L.C. |
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