Legal costs and cohabitation


#1

Unless (and until) a court has legally obligated you to pay attorney’s costs on behalf of your STBX, you are not obligated to pay them.


#2

If you are asking if you have to give her money for attorney’s fee, you do not, unless you have been ordered to do so by the court.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#3

Just another question concerning atty fees.

Under what circumstances will a judge order one spouse to pay the others atty fees? Does it depend on whether one spouse is financially dependent on the other? Does it matter who brought the complaint to court?

If my spouse (ex) is financially dependent and I have the ability to pay, will I always be ordered to pay her fees - even if she brought the case to trial?


#4

The judge can order the supporting spouse to pay attorney’s fees to the dependent spouse for litigating the issues of alimony, child support and on occasion child custody, but only if the court determines that the dependent spouse does not have the means to fund their litigation.

In some instances the dependent spouse can be ordered to pay attorney’s fees if the court finds they have committed some misconduct in the litigation.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#5

Hi

Do I have to support my soon to be ex with any legal costs, even though she - according to NC law - has lost her rights to alimony and post-separation support due to cohabitation?