Do you have signed documentation stating that you will split the divorce fees 50/50? (ie: in you separation agreement?) My understanding of this is unless specified in an agreement, the person that files for divorce foots the filing fees. You pay your own fees…otherwise, you may never get divorced. Someone has to proceed with the paperwork.
You can request attorney’s fees from your spouse using either method. However, unless there is an agreement that states otherwise, your spouse is under no obligation to pay.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
In order to pay the remainder of attorney fees to file for divorce at the end of one year separation, do I need to contact my spouse for his share or can the attorney do that, e.g. send a letter out…thank you.