Attorney and Professional Fees in a Divorce
If you are the sole provider or breadwinner of the marriage, you will probably get stuck with paying the attorney fees for you and your spouse. The thought behind this is simple. You are the one working and therefore the only one capable of paying the fees.
For example: Here is a case where a custody dispute was entertained. The custody trial itself cost a father $10,000. His wife had a number of psychological problems, which was proven. The judge still ruled in behalf of the ex-wife and ordered the former husband to pay the ex-wife’s attorney fees of $15,000. The legal fees he paid were $25,000. This amount was just for the custody portion of the divorce. If you are the sole provider of the household, beware, for you may be held responsible for paying legal fees for both sides.
The assignment of legal fees can also depend greatly on which party entertained the legal actions that were unworthy or down right self-motivated.
This being said it is essential that you pick battles worth fighting and properly prepare for those battles. If you decide to run up legal fees in order to avoid a 1% higher support amount, the judge will not look fondly upon this.
Also, the thought of having to pay your spouses attorney fees may not be as bad as you think as long as the court takes this into consideration in the property award. On the other hand, you may get what seems to be a very generous property settlement, only to find out that you are also assuming an enormous amount of unexpected legal fees.
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THE LEAVER AND THE LEFT – In most divorces, at least at the start, one spouse wants out and the other does not – the leaver and the left. Negotiations between two spouses generally go better when both are on the same page about ending the marriage.
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