Family Law Attorneys

When Can You Have Your Spouse Pay for Your Legal Fees in a Divorce?

Divorce can be expenses and associated bills and legal fees can start to add up quickly. While it can seem like a daunting situation, under some circumstances, the court can require your spouse to pay for your attorney's fees. Your legal representation will need to demonstrate that an attorney was necessary for your divorce and that your spouse can afford to cover your expenses.

Requesting an Order for Legal Expenses

Once the court reviews all the documents presented and the situation, they will decide whether or not they will order your spouse to pay a retainer fee for your attorney. A retainer is essentially any amount that the lawyer requires to start on your case. It is an advancement that the attorney requests in order to cover any services or legal costs that may arise in the case. However, some lawyers may also require additional payment once a case closes, especially if it is drawn out at all.

You will need to follow these steps to properly request an order:

  • Prove that you don't have enough money to pay
  • Demonstrate that your spouse does have the finances to cover costs
  • File a financial statement that documents your income, expenses, and assets
  • Submit to the court for review of you and your spouse's financial statements

While hiring an attorney can seem daunting and expensive, you have legal options for obtaining the counsel and support you need. Just because your spouse has controlled your finances throughout your marriage and you are now struggling to obtain the means you need to cover your legal costs does not mean that you need to sacrifice on the representation you obtain. You can retain seasoned counsel and work with the court to enforce an order for your spouse to pay the retainer fee and potentially other related costs.

Don't go without the legal guidance you need during your divorce. Contact the Law Office of Robert W. Kovacs, Jr. if you would like to learn more about requesting and order from the court.