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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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