Can the one who filed for divorce be held responsible for paying for both lawyers?

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Can the one who filed for divorce be held responsible for paying for both lawyers?

My husband filed for a divorce and has been the only one bringing in money for the most part of 12 years; 6 of them we have been married.

Asked on July 12, 2011 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  This question is not a cut and dry one to give guidance on.  THere are many factors that are taken in to account in decising and awarding attorneys fees.

In general, courts consider the financial positions of the parties, and the court has the discretion to order one party to pay all or some of the other party’s attorney fees. A party receives a fees award if 1) he or she lacks the ability to pay and 2) the other spouses has it. Courts consider both assets and income in making this determination, but they put more weight on income than assets.

Courts consider the conduct of the parties in awarding attorney’s fees in divorce actions, and the actions of parties who raise unnecessary issues or raise issues in bad faith may be sanctioned with attorney fees. Get help.  Good luck.


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