Petition for Attorneys fees to keep retaining counsel

Hello,
Is it possible to file a motion or petition the court for immediate attorneys fees from an ex spouse (bread winner) so as to keep retaining the attorney for alimony court etc, if you are poor since they left, and you are completely depleted of funds and don’t have money to keep paying the attorney? Such as to make your ex spouse pay for your attorney? The ex spouse caused the whole situation, cheated, left, moved in with the paramour, got a lawyer and sent demanding letters, got engaged , then got married 6 weeks after divorce was final, his multiple nasty actions caused extra attorneys fees etc. Is there anything that can be done?

Yes, if you already have a court action pending, your attorney may have already included a claim for attorney’s fees. You can be awarded attorney’s fees by the judge if you have filed claims or counterclaims in good faith and you have insufficient means to pay for your legal fees.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

can I file an immediate motion or emergency motion to request to get some of the attorneys fees" immediately " so that the attorney will stay on my case??

You can file a motion in the cause and set it for a hearing date, but this is something that your attorney would likely need to file as he/she would need to submit an attorney’s fees affidavit.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.