If I sue for divorce would a judge rule for my ex to pay all my legal fees?

UPDATED: Apr 28, 2011

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If I sue for divorce would a judge rule for my ex to pay all my legal fees?

We both have jobs although he earns more.

Asked on April 28, 2011 under Family Law, Indiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It really doesn't matter who files for divorce. The issue is how your assets are divided and whether you live in a community property state, an equitable division state and if your state requires an at fault divorce. It appears Indiana is an equitable distribution state, so each party would most likely bear the cost of the attorney unless he earns such significantly more and you can show the burden should shift to him to show why he shouldn't pay your counsel's costs, among other things like alimony and child support. Your lawyer would need to negotiate court costs and fees with his counsel as part of the final settlement to present to the magistrate or judge for a final divorce decree.

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