Connect with us

People & Lifestyle

Who Pays the Attorney Fees in a Divorce?

Published

on

Who Pays the Attorney Fees in a Divorce?

It’s no secret that a divorce can quickly become an expensive affair. But at the same time, you should never let financial worries prevent you from doing what’s right for you and your family. Generally, each spouse will pay their own divorce attorney fees, but there are instances where one spouse may pay more (or all of the fees) due to certain circumstances. Of course, it often depends on specific state laws, but many states have laws set in place to try and make divorces more equitable between partners. 

 

Calling on an experienced family law office, such as Peek Vasquez Family Law, is the best way to have all your divorce questions answered. Not only will they answer your questions, but they will also support you during every step of your divorce. They’ll help you assess your options from a legal perspective, set realistic goals that are actually achievable, and negotiate on your behalf with other divorce lawyers. There’s no doubt that hiring an experienced divorce lawyer will dramatically improve your odds of achieving your goals during a divorce. Here, we’re taking a closer look at the divorce process and digging into who exactly pays attorney fees during a divorce. 

Who Pays the Attorney Fees in a Divorce?

 

Advertisement

Let’s dig into it: who is expected to pay the divorce attorney fees? This, of course, will vary from state to state, but it primarily comes down to the financial means of each spouse. For example, under Colorado state law, each spouse will be responsible for paying all their own divorce costs. For some, this may seem like a burden that they can’t tackle. But that’s when the court may step in to help make the process more equitable.

 

If one spouse doesn’t have the financial resources, the court may order that the other spouse steps in and covers partial or full legal fees for the divorce. Who pays the divorce attorney fees for each individual case is always determined on a case by case basis. This is just one more reason why it’s so important to hire an experienced divorce attorney who can help you assess the overall costs of your divorce. 

How Much Does a Divorce Cost on Average?

 

Advertisement

After knowing who is responsible for divorce costs, the next natural question lands on how much a divorce might end up costing. The cost of a divorce will always depend on a variety of factors. As any divorce lawyer will tell you, no two divorces are the exact same—including the costs. Some of these important factors include costs related to court fees, the length of the divorce, attorney fees, and perhaps even mediator costs. But on average, those in Colorado can expect an average divorce cost to land between $9,000 and $11,000. This will include divorce attorney fees, court fees, and filing fees.

 

But, in many ways, the total cost of a divorce will come down to each spouse and how they handle the process. For example, if the spouses decide to pursue an uncontested divorce, then there’s a solid chance that the overall costs will be much lower as these types of divorces move much more efficiently. However, if you pursue a contested divorce wherein both parties cannot come to an agreement on various aspects of the divorce, the process can drag on and quickly become much more expensive. 

What if I Can’t Afford a Divorce Attorney?

 

Advertisement

Just because you can’t afford a divorce, this doesn’t mean you shouldn’t pursue a divorce if that’s best for your family. In some cases, a spouse may have more control over the finances in the marriage. This often occurs if one takes off work to focus on raising children. In these scenarios, the spouse with the financial means may be required to pay partial (or full) fees covering all aspects of the divorce, including attorney fees.

 

These situations, in Colorado, are known as Rose motions. In a landmark case in the Colorado Court of Appeals, the courts determined that they may award prospective attorney fees if one spouse has no financial means on their own. Therefore, if you’re filing for a divorce but you do not believe that you have the funds to hire a divorce attorney, don’t worry. A divorce can still be an option for you. Speak with your divorce attorney about the possibility of filing a Rose motion (for this in the state of Colorado). This law works to ensure that the hardship of the divorce process is more equitable between the two former spouses. 

Conclusion – Who Pays the Attorney Fees in a Divorce?

 

Advertisement

At the end of the day, there’s no simple answer to who will pay the attorney fees in a divorce. While attorney fees could be drawn evenly from a marital fund, a judge could also change this determined on the financial burden on each spouse. In some divorces, if one spouse had been the primary breadwinner, then they may be ordered to pay for part or all the legal fees associated with the divorce process.

 

Simply enough, determining who pays attorney fees in a divorce can be a complicated issue to tackle. But that’s just one more reason why you should never pursue a divorce on your own. Working with an experienced divorce attorney can help you understand what potentially lies ahead from a legal perspective. They can also help you determine what this process might end up costing in the long run.

 

Advertisement

Having a team of legal pros on your side can help you evaluate your options, identify realistic goals to work toward, and understand the full legal implications of pursuing a divorce. Some spouses may not realize all it entails. A divorce lawyer will also negotiate on your behalf in an effort to see that your family goals are met. 


Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Advertisement
You want to bet with the best odds on every football match? bestbets.com.gh shows you the highest odds for all important games.