Who pays attorney fees?

The statute allows a judge to order attorney’s fees if one party is unable to afford the fees. As a practical matter, it is not usual for a court to do this, but it is possible.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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 but a full discussion with an attorney should be undertaken before taking any action.

Thanks Lisa. His attorney must be working for free!

Dear Pennyfour:

Greetings. I doubt that his attorney is working for free…I have not seen that happen in years.[:)]

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.

We have a separation agreement (incorporated into divorce) that states joint custody, with me as primary caregiver, and “visitation as arranged by the parties”. The majority of the time, he gets visitation when he requests it, unless there is a prior commitment in place. My ex has remarried, and informs me that he plans to take me to court to arrange for a new visitation agreement, and that I will pay for all of his attorney’s fees. I confirmed that he really does have an attorney. I am confused. My ex hasn’t asked me for a different visitation arrangement other that what we have now - which is already “on demand” - and so as best as I can tell, he hasn’t been denied visitation, and I wrote him a letter saying so last week in response to him telling me that he plans to take me to court. So, regardless as to what action he takes, either in court or out of court, how is it exactly that I am going to be responsible for his attorney fees?