How can I get a majority of attorney fees paid for by my husband when his delays or unresponsiveness has caused a large bill?

UPDATED: Oct 13, 2011

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How can I get a majority of attorney fees paid for by my husband when his delays or unresponsiveness has caused a large bill?

Asked on October 13, 2011 under Family Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are in the middle of divorce litigation (i.e. already before the court), you or your attorney can make a motion for legal fees, based on the fact that bad-faith tactics and unnecessary delays and obstructions have caused you to incur legal fees and costs which you would not otherwise have incurred. While it's the exception, not the rule, to get legal fees from the other party, there are grounds for getting them when the other side abuses the legal process. Ideally, have your attorney make the motion--he or she will be much more familiar with those court rules that will allow you to get legal fees than you are. If you don't have an attorney, make sure to review the court rules and tie your motion to some specific rule or rules authorizing legal fees.

If you're not currently  before the court, you'd have to actually file a lawsuit to seek legal fees from the other party. The cost of doing so is higher and the likelihood of success lower.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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