Who Pays Lawyer Fees For a Divorce?
Divorces are an incredibly emotional and intense experience for all involved. Combined with the cost of legal fees, it can become a high-stress situation. It is vital that clients feel supported and understand every step of the process during such an emotional chapter in their life.
Whether you live in Sugar Land, TX, the greater Houston, TX area, or any other part of the Lone Star State, a family law attorney will first stress that Texas is a community property state when discussing whose responsibility it should be to pay legal fees in a divorce. At heart, that means that all marital assets and expenses belong to both spouses until the divorce is final. It doesn’t mean, however, that everything will be divided 50/50.
When determining ownership of assets and responsibility for debts, including attorney’s fees, judges weigh several factors to arrive at a “just and right” distribution. Fault for the divorce is merely one factor, along with the relative financial status of each spouse, their respective behavior toward the Court, and other considerations. While both parties are usually held responsible for paying their own lawyers, conditions do exist in which one spouse can be ordered to pay the other’s attorney fees.
Contact Skillern Firm Divorce & Child Custody Lawyers at (832) 688-6606 to begin your divorce process.
divorce lawyer fees FAQs
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Your financial status compared to that of your spouse will be the primary factor that influences the judge to award or deny attorney fees both during proceedings and when the divorce is finalized. If you can prove that attorneys’ fees would cause you severe financial distress and that your spouse has a much higher income, the judge is likely to at least rule that they pay your attorney fees in the interim.
During the divorce process, if one spouse is lacking the financial stability to pay their legal fees, they can request temporary fees under the Motion of Interim Attorney Fees. A judge will then determine the attorney’s fees in the divorce as well as the financial status of both parties.
The financial status of each spouse will be examined through the following factors –
- The potential to borrow from the spouse’s family.
- Retirement savings that can be used.
- Accessible cash balance.
- Credit card balance authority.
Using these factors, a judge can request that one spouse pays for the other spouse’s legal fees. In these circumstances, the spouse with the higher financial status could be ordered to pay a flat payment or match their own attorney fees for the other spouse’s attorney’s fees.
It is imperative for clients to be transparent about their financial status in order to receive the correct support from their divorce attorney and the divorce court.
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Attorneys’ fees are settled on the final day of the divorce proceedings. This occurs once both parties have presented their costs during the conclusion of the divorce process. Therefore, once the Judge has decided how the fees should be shared, the spouses will be told at that point. This means that if a spouse’s attorney fees are being paid for, this will occur after the conclusion, and the spouse’s fees will be reimbursed.
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In addition to financial status leading to one spouse paying for the other spouse’s attorney fees, acting in bad faith can also lead to this outcome. This can be due to one party resisting compliance with a court-required mediation or the discovery of assets process.
A Judge can view these actions as intentional acts to disrupt the divorce process. The order means one spouse pays divorce attorney fees for the other spouse, can be called during a Judge’s order or at a divorce hearing.
Such intimidation and undue hardship can be accomplished in several ways:
Making False Allegations
In order to influence the Court, some spouses will attempt to escape their financial obligations in a divorce by making false accusations against their former partner. Because their spouse is unable to afford legal representation, the additional burden of proving these allegations to be false by deposing potential witnesses or hiring an investigator can seem beyond them, and possibly intimidate them into surrendering their legal rights in the matter.
Refusing to Negotiate
Most judges in Texas require that parties in a divorce enter Family Mediation before bringing their petition before the Court. However, mediation only works when both parties are willing to negotiate. If one refuses, the process is lengthened, placing a greater financial burden on the other.
Failing to Attend Meetings or Court Dates, or Requesting Excessive Continuances
As with a refusal to negotiate in good faith, persistent delaying tactics place further stress and difficulty on the other spouse.
Failure to Turn Over Requested Documents in a Timely Manner or at All
Discovery is an important component in any court proceeding. The judge cannot make a “just and right” decision in a divorce without all the pertinent information. Refusing to turn over important documents prevents a fair settlement while delaying their submission, as already mentioned, adds to the other spouse’s financial burden.
Concealing Assets or Debts
Remember that Texas is a community property state. All assets purchased by either spouse, as well as debts accrued, are owned equally while the parties remain married. Purchasing property or other assets without your spouse’s knowledge, then failing to disclose them in a divorce is fraudulent, as is failing to disclose debts for which collectors might seek relief from your former partner.
All of the preceding tactics are considered to be acting in bad faith by the court. A judge will not turn a blind eye to misrepresentation and unnecessary delays. Among other actions, the Court is more likely to grant interim and even permanent relief from attorney fees when a spouse is found to be acting in bad faith.
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When the judge sees that both sides have retained lawyers and that their differences are significant, there is a greater likelihood that your spouse will be required to pay your attorney fees. When a child custody dispute exists in which both parents desire to be the primary conservator and/or there are significant assets, including a home, car, or investment portfolio which must be divided between the parties, proceedings may be drawn out.
When faced with the prospect of hearings that may take four to six months to reach their conclusion, the Court is often more amenable to granting, at the least, a Motion for Temporary Orders, requiring one spouse to pay the other’s attorney fees. The temporary order can be made permanent in the final settlement, or the repayment of interim fees can be deducted from the benefactor’s share of any property or other assets. -
In matters of divorce, Texas is a no-fault state. Petitioners do not need to prove fault to obtain a divorce. Nor is it necessary for both parties to agree to a divorce. If one spouse wishes to end a marriage, that is sufficient for Texas law.
In the event that the divorce is being requested on the basis of spousal and/or child abuse, bigamy, infidelity, the stress of a partner’s chemical or gambling addiction, imprisonment, or other bad acts, proof of fault can influence a judge to rule that all attorney fees be paid by the offending spouse when the divorce is finalized.
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There can be some advantages to being the spouse that files for divorce first. If you decide the marriage has broken down or you suspect your spouse to file for divorce, contacting an experienced divorce attorney can help you decide when is the best time to file for divorce.
If you have already filed divorce papers from your spouse, contacting an attorney can help you feel more confident with the process, as well as protect your valuable assets from property distribution.
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In many cases, a DIY divorce ends in the client contacting an experienced divorce lawyer to explain a legal proceeding or to correct a flaw in the divorce process. Many clients are enticed by the promise of a quick, easy, and low-cost divorce, however, it rarely proceeds in that way.
Problems in a DIY divorce can arise due to the following:
- Legally inaccurate divorce papers.
- A lack of clarity on which box to tick.
- The divorce is not being finalized.
- Difficulty understanding the vague or non-specific language used.
Many other problems can arise when a divorce is not being guided by an experienced divorce attorney. An experienced lawyer is committed to supporting their client through the divorce process as seamlessly as possible whilst reducing the possibility for future problems to arise.
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A divorce lawyer’s fees are decided at the final property settlement discussions. Due to fees of both spouses’ lawyers being community debt until the final day of the divorce, it is vital that both parties present clear and detailed reports of the costs acquired throughout the divorce process.
By the end of the divorce process, attorney fees account for a large amount of the community debt. When calculating the marital property within a divorce, both spouses should be prepared for the attorney’s feed to be deducted by this amount before it is distributed between the spouses.
How Does Texas Decide Who Pays The Divorce Attorney Fees?
A general rule for the distribution of divorce fees is that each party pays its own legal fees. In most divorce cases, spouses should expect this to be the case. Texas is a community property state, meaning that the marital property acquired during the term of the marriage is subject to division during the divorce.
This means that both parties’ assets could be divided between them at the conclusion of the divorce. Furthermore, Texas does not recognize separation, and therefore, a marriage remains intact until all elements of the divorce are completed.
Who Pays Lawyer Fees For A Divorce?
There are some exceptions to divorces that mean the legal expenses of one spouse aren’t paid by themselves. However, most clients in divorce cases will pay their own legal fees. Below we have discussed some expectations of this rule.
Our Law Firm Can Help You Today
Our experienced divorce lawyers are ready to support your divorce from day one. We will thoroughly explain and support our clients through every step of the divorce process.
Trust one of our reputable divorce lawyers with your divorce case by contacting Skillern Firm Divorce & Child Custody Lawyers at (832) 688-6606 today.
