Who Pays Attorney Fees in Divorce?

By September 26, 2019Divorce

In general, for civil lawsuits or legal claims, the involved parties are responsible for covering their own lawyer fees. Compensation for an attorney in a legal case is called attorney’s fees and they reimburse the professional for their work. When you hire a Tacoma Divorce Attorney, you can expect him or her to perform tasks such as:

  • Research laws and statutes that impact your case
  • Review the facts involved in your situation
  • Assess evidence to establish what factors can be used to support your case
  • Formulate legal arguments for trial
  • Represent you during court proceedings
  •  Prepare for secondary follow-up sessions
  •  Provide legal advice to you on a personal level

Who Pays Attorney Fees In Divorce?

As much as we’d all like for married couples to stay together forever, not all marriages last for eternity. Big problems such as infidelity or gambling can sometimes drive a couple apart. In some situations, the spouses just grow apart with time and realize they weren’t meant for each other.

Traditionally, for divorce cases, the parties are each responsible for paying their attorney fees. The spouses aren’t permitted to share a lawyer, so every part must get their own attorney for the case. That means each one of them will pay for their own lawyer’s fees according to set agreements.

The system of each spouse paying their own fees is a common concept in the United States. However, the situation is different in other nations, where the loser may be mandated to pay for the winner’s fees.

What About a Judge’s Discretion in Attorney’s Fees?

In some courts, the judge has the power to award lawyer’s fees to one party under the “judge’s discretion” concept. The judge may perceive some variables that make it acceptable to mandate one party to cover the other person’s fees. Such factors include:

  •  If there’s a big difference between the financial abilities and background of every spouse
  •  If one party is unable to afford a lawyer
  • The amount of research and preparation required to finish the case (e.g., if the spouses own a big estate, that might require more preparation time for court processes)

Therefore, payment of lawyer’s fees in divorce suits usually depends on the factors involved in each individual situation. The legal process always aims to make decisions with fairness in mind.

Do I Need an Attorney for Help with A Divorce Case?

At times, it can be hard to understand how state laws on divorce function. You might have to seek the services of a divorce attorney if you’ll be facing a divorce and require legal advice. An expert divorce lawyer can provide you with proper representation during the divorce proceedings. Additionally, it might be possible for you to get an attorney’s fees award in court if your meet the requirements.

If you’re in Tacoma, Washington, and are undergoing a divorce, Alliance Law Group can help you. Our objective is to work within the divorce laws of Washington State and ensure you know and exercise your rights. We believe a successful divorce is one in which both parties walk away with arrangements that fit their needs. Additionally, we’ll encourage you to negotiate with your spouse to make the process easier for everybody. Call us today at 253-581-0660 for more advice.

You can still file for divorce in Washington. For years Alliance Law Group has implemented technology to work with our clients remotely. We have robust technology in place to allow us to work with clients over long-distances and maintain all of our client’s information on our secure servers. Continue...