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Who Pays Attorneys’ Fees in a Divorce?

Posted by Ahluwalia Law Professional Corporation | Mar 25, 2013 | 0 Comments

Attorney's fees in a divorce can be significant. Depending on the nature and complexity of your divorce, you may need to hire a San Jose divorce attorney. If your spouse is represented by an attorney and you cannot afford to hire one, you can ask the court to order your spouse to pay for a San Jose divorce lawyer to make things equal. In other cases, a spouse may request that you pay their divorce attorney's fees after a divorce.

Determining Who Pays

When determining who must pay divorce attorney's fees, the court must consider several factors. At the end of a divorce, attorneys' fees can be awarded to either party based on:

  • Each party's ability to pay their own attorney and the other person's attorney
  • The financial needs of each party
  • Child and spousal support obligations generated by the divorce
  • Disparity in income and other means
  • Conduct which may justify awarding attorneys' fees as a punitive measure

Determining who must pay can be complicated, and if you feel that you were unfairly ordered to pay your spouse's divorce attorney fee, you may be able to fight it. We can help.

If you are facing or considering divorce, please call Madan Ahluwalia, San Jose divorce attorney of Ahluwalia Law P.C., at (408) 416-3149 or contact us online to schedule an initial consultation today.

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