Going through a divorce is probably one of the most painful experiences in your life. It’s even more excruciating if you and your partner cannot amicably agree on the issues related to your separation, such as the custody of your kids and property ownership.
So, the only easy way to resolve these issues is through the court. That’s when a divorce attorney becomes necessary. When you hire an experienced divorce lawyer, there are a few important things you have to consider. For example, you have to decide who will pay the attorney.
Continue reading to learn who pays attorney fees in a divorce case.What Is An Attorney’s Fee?
In any civil lawsuit, the involved parties are each responsible for paying for their attorneys. The compensation for a lawyer in a lawsuit is what is commonly referred to as the attorney’s fee. The fee is used to reimburse the attorney for their legal representation in the case. Legal representation involves the following:
- Researching the applicable laws and statutes
- Reviewing the facts of the case
- Analyzing evidence and deciding which items will support your case
- Compiling all the legal documents to be presented in court
- Representing you during the hearing
- Preparing for secondary follow-up meetings and appeals
Apart from these services, your attorney will also perform other related tasks like helping you during mediation and giving you personal legal advice. So, the amount of attorney’s fees you pay for your divorce depends on the services you use and what you and your attorney agree on.Who Pays Attorney’s Fees In A Divorce?
In Virginia and other parts of the United States, the tradition has always been that each party pays for their own attorney in a divorce lawsuit. This is mainly because, in a difference of opinion between you and your spouse, you need your own attorney to represent you. Unless you are choosing to file for divorce without a lawyer, you should generally be prepared to cover your attorney fees throughout the process.
Therefore, each party will need to provide their own lawyer for the legal process to begin. In that case, you will be responsible for paying your lawyer and your spouse will be responsible for paying theirs according to what they have agreed with their attorney.
However, some courts allow the judge or magistrate to award the attorney’s fees to one party. But this is purely according to the judge’s discretion. This normally happens if the judge finds enough reasons to believe that one party should pay the other party’s attorney.
Here are some of the factors that can compel the judge to order you to pay your spouse’s attorney’s fees.
- If there is a huge difference in the financial capabilities and background between you and your spouse, the judge might use their discretion to determine who pays the attorney’s fees.
- If one party is unable to pay for an attorney, the judge might order the other party to pay the attorney’s fees.
- If the amount of research and preparation needed to finish the legal process needs more time and resources, the judge might order one party to pay the attorney’s fees.
Therefore, it is correct to conclude that the payment of attorney’s fees in a divorce often depends on several factors in each specific lawsuit. But the principles of fairness and equity have to apply in each of these decisions.