Spouse pay for lawyer


#1

Dear ODYSSEY:

That is a good question. The answer…it depends. It depends on whether you are entitled to attorney fees under the relevant statutes, whether the other side also had to pay for attorney fees, and what the final negotiations can obtain for you. The bottom line is that in court a dependent spouse can obtain attorney fees for alimony and post separation support. A parent can ask for attorney fees in child support and child custody. Neither party can ask for attorney fees in equitable distribution. In the separation agreement process, if you ask for attorney fees they become one more issue that must be negotiated to a final settlement. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

How hard is it to get your spouse to pay for your legal fees? Can it be written into the separation agreement?