Can I Make My Spouse Pay for a Divorce Lawyer?
Going through a divorce can be stressful and emotional. Knowing that your attorney fees are already covered can be a huge relief. Unfortunately, not everyone is able to expect their spouse to pay their attorney fees. It varies from case to case.
The decision regarding who pays divorce attorney’s fees is made by a family law judge, based on the specific circumstances of each case. In some divorce cases, the parties will pay for their own attorneys. In other cases, one spouse will be ordered by the judge to pay all or a portion of their spouse’s fees.
A divorce attorney can help you make a request for your spouse to pay for your attorney’s fees, as well as help you sort out many issues, such as the use of the home, child support, child custody, and more.
The family lawyers at Skillern Firm Divorce & Child Custody Lawyers are here to help you. With decades of collective experience in helping our clients, we have the skill and knowledge needed to ensure you receive the best resolution to your divorce case possible. We know that every case is unique, and so we will make sure to understand your individual circumstances and treat your case with sensitivity and discretion.
Our team will fight on your behalf to ensure that your needs and interests are protected. We will always attempt to negotiate and mediate so that things can be settled in an amicable and timely manner, but we are more than capable of taking your case to court if necessary.
To speak to lawyers who care, Contact Skillern Firm Divorce & Child Custody Lawyers today at (832) 688-6606
What Does the Judge Consider When Deciding Who Pays Divorce Attorney Fees?
The state of Texas is a community property state, meaning that the assets and debts belong to both spouses until the divorce proceeding is completely finished. This includes attorney’s fees, and so they are subject to “just and right” division between the spouses.
It is a judge who determines who will pay for divorce attorney’s fees in Texas.
The first step a judge will take when deciding if the awarding of interim attorney’s fees is appropriate is to first look into your personal financial situation. They will assess whether a spouse earns significantly more than the other, and if so, then it’s likely that the judge will decide it’s fair and appropriate to order the more financially stable spouse to pay for all or a portion of the other’s attorney fees. If having to pay attorney’s fees would put you in a serious financial predicament, then you may be awarded attorney fees on an interim basis.
A judge may also consider it appropriate for your spouse to pay for your attorney fees if they have already hired an attorney, and it’s looking very likely that you are facing a lengthy and complicated divorce. For example, if child custody is being disputed and both you and your spouse want to be the primary conservator of your children, or you have large financial assets to dispute, then your case will likely take on average more time to settle. In cases like these, it’s more likely that you’ll be awarded interim attorney’s fees in your divorce case.
Contact the Skillern Firm Divorce & Child Custody Lawyers Today!
Divorce is an important turning point in a lot of people’s lives, and the settlement you manage to secure during this time can have a huge, lasting effect on your life. However, it can be a stressful and emotional time, which is why you need the right family law attorneys on your side to fight on your behalf.
The Texas lawyers at Skillern Firm Divorce & Child Custody Lawyers want to help you. Our dedicated attorneys have years of experience in helping clients secure the best resolution in their divorce possible. Our team truly cares about you and what you’re currently going through, and we will prioritize building a strong and supportive attorney-client relationship with you. Whether it’s through litigation or negotiation, we are ready to fight on your behalf so that you can feel confident transitioning to your new way of life.
We will guide you through the entire process, ensuring that your rights and interests are protected throughout. We will handle your case with the sensitivity and skill that it requires, and provide you with the quality legal representation that you deserve.
To speak to our law firm, call us today at (832) 688-6606
