Divorce can be expensive. The Cost of Divorce is increasing year to year. How can you get your spouse to pay your Fees?
Most Lawyers charge retainers for Divorce and Custody Matters. Once the retainer runs out they will typically require you to pay another retainer to complete the case. What will convince a Judge to make him or her at least contribute to your fees?
You do not have to show the Judge that if you pay the fees you will have zero money in your bank account. You need only show that having to pay the fees in their entirety will make you “financially unstable”.
The court will also look at how long you were married, whether your spouse wasted money or property on say a boyfriend or girlfriend or gambling, for example, how much property you will get out of the divorce, how long the marriage lasted, what your skills are and your prospects for better employment and wages.
But the court will also look at whether your spouse is “able” to pay your fees. Be forewarned, he or she will not be required to raid their retirement accounts to cover your fees or charge your fees on a credit card. The judge will look instead at how he or she is paying their own fees and whether there is enough money there from income or property to cover yours.
The cost of divorce is always a major consideration before you file. My firm will always discuss the option of pursuing your spouse to contribute when you can’t pay and he or she can.