Understandably, going through
divorce is stressful enough as it is, but adding all of the fees and other logistics
on top of that can make the entire ordeal that can be overwhelming. First,
you have to think about what life will be like adjusting to living with
only one income and how your properties, assets, and even debts will be
If you share children with your spouse, your attorney will need to work
out the fees and other procedures regarding child support, child custody,
etc., which will eventually add up in the overall cost of legal fees.
However, there is some form of relief. Did you know that you can request
to have the expense of your attorney fees awarded to you from your divorce
settlement? This is often done when one spouse does not have the financial
capability to cover their legal fees.
Understandsing Florida Law
In a way, it allows both parties the ability to litigate on an even playing
field. Let’s say, for example, that one spouse was the higher earner
during the marriage. They may have the ability to hire a topnotch Miami
divorce attorney. On the other hand, the spouse who has less financial
wiggle room may not have the opportunity to employ reliable legal counsel.
There is one caveat to this, however. One cannot be awarded attorney’s
fees for those who have been found as an offender in domestic violence
cases, have refused to pay child support, or have not followed through
with their visitation privileges. In other words, if one spouse has been
found in the wrong for any reason, they may not be eligible to collect
What are the requirements?
At the beginning of your divorce proceedings, be sure to let the courts
know that you are making the motion to request the fees. It is a simple
petition form that you must fill out. Be sure you file this at the onset,
however, as you cannot request the fees at a later point in time.
In order to determine if the spouse should be awarded the fees, the courts
will review the following:
- Both spouses individual financial resources and backgrounds
- How much the petitioning spouse is in need of financial support
- The history of the divorce proceeding
- Conduct of spouses during the court proceedings
- How reasonable the attorney’s fees are
As you can see, many factors play a role in the court’s ultimate
decision. Yet it is worthwhile to note that you can and do have a chance
at requesting the fees to cover the costs of legal expenses. You can also
feel free to ask our Miami divorce lawyers about your case to see if we
can help you.
100% free, no-obligation case consultations, along with compassionate, caring support. Feel free to contact us at
any time for legal counsel.