Legal Fees


#1

My husband makes all the money and controls all the finances - how are legal fees handled in this scenario? Can I just go and get any lawyer I want and expect that my husband will pay the bills?

Will legal feels offset the amount I would receive in ED or are legal fees treated separately?


#2

You will seek reimbursement of legal fees from your spouse. If awarded the amount will be within the judge’s discretion. Judges may only award attorney’s fees for support and custody claims, there is no provision for attorney’s fees to be awarded in ED. Cases.


#3

I am not a lawyer. Having been sued for legal fees, I can add that if you have family money, the court can take that “separate estate” into account when deciding whether or not to award legal fees. If you have a lot of family money in your name, the judge may not award you fees.

If you have no money of your own, you are likely (in my limited experience) to sue successfully for legal fees for post-separation support, alimony, and child custody lawyer actions. When determining fees, the judge will look at the lawyer’s bills for all of these actions and decide whether or not he/she thinks the lawyer’s charges are reasonable.

Also, I believe that if you are flat broke, you can sue your husband immediately for Post-Separation Support. The courts don’t want to see your kids destitute. Good luck.