Who Pays The Legal Fees In A Florida Divorce?
Everyone knows that divorces are expensive. But certain factors can make them more expensive such as when you’re required to pay for your spouse’s legal fees. In Florida, the courts want to ensure that both parties are more or less on even financial footing when it comes to the divorce. The courts have a vested interest in preventing one party from getting everything they want simply because they can afford a high-priced lawyer. Courts show special concern for one party who is disadvantaged during the divorce process. For that reason, the law allows one party to request that the other party pay the reasonable legal fees of the other party.
It’s important to understand that a request for legal fees must be made in the first court filing. Failure to do so will generally make it impossible for you to recover legal fees from your spouse. If you are the party who is filing for divorce, that means that you must request legal fees in your divorce petition. If the other party filed first, then you request legal fees in your answer.
What factors do the courts consider when one party requests legal fees be paid by the other?
The courts will examine the following factors when it comes to determining whether or not one party is entitled to legal fees:
- The financial resources of both parties – This is the main factor that the court will consider. The court looks at both parties’ financial resources to determine whether or not it would place an undue burden on one party to pay. The court will look at more than just your income. They will look at other assets as well such as real estate, investments, and other valuable assets.
- History of the case – The court will determine if one party is primarily responsible for driving the litigation. Litigation can cause both sides to bleed money during divorce proceedings. If one party has been driving litigation, refusing to settle, and dragging the case out, the court may see fit to tax them with attorney’s fees. This, however, is quite rare and the standard of proof is high.
- Merits of both parties’ positions – The court will determine if one party is engaging in litigation misconduct solely to harass the other. If it appears to the court that one spouse is stalling, refusing to mediate, or delaying the discovery process, the court can award fees and costs to compensate the party while discouraging future misconduct.
- Whether the award is needed – If one party is required to choose between supporting themselves and their legal fees, the court is likely to award them legal fees. The court doesn’t want to see one side disadvantaged or impoverished by the legal process. When you file your petition for legal fees, the court will have to decide if there is a demonstrable need for an award.
Talk to a Tampa, FL Divorce Lawyer Today
Faulkner Law Group, PLLC represents the interests of Tampa residents who are pursuing a divorce. Call our Tampa family lawyer today to schedule an appointment, and we can begin discussing your needs right away.
