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Attorney Fees

Monday, October 8, 2018

Can I Make My Spouse Pay My Attorney Fees In A Divorce?


Can I Make My Spouse Pay My Attorney Fees In A Divorce?

Typically, when parties engage in litigation, each party pays for his, her or its attorney fees regardless of winning or losing.  This is also true realistically regardless of whether the party that starts the litigation had any good grounds or legal reasons for filing the case.  This is known as the "American Rule".

In domestic litigation cases, there are two instances where a party may ask that the other side pay for his or her attorney fees and the court may order the other side to pay.  The courts may order the other spouse to pay where (1) a person is not able to pay for his or her attorney fees and the other person has the ability to pay for them or (2) where a party's misconduct has caused the other party to incur unnecessary or unreasonable legal fees or costs.


Read more . . .


Monday, May 7, 2018

Will I Have to Pay for My Spouse's Attorney Fees in A Divorce?


Will I Have to Pay My Spouse's Attorney Fees in Divorce?

When it comes to attorney fees in general, Michigan courts follow the "American Rule".  That means that each party is responsible for paying for his, her or its own fees and costs regardless of whether or not that party has less economic means to afford it or whether that party wins or loses.  However when it comes to family law cases (divorce, alimony, custody, property division or support) then there is a different set of rules.  In this area, the court may order one party to pay for the other party's attorney fees from his or her own income or share of the marital estate. 

There are two instances where this may occur, the first is where one party has caused the other party to incur unnecessary costs and fees, typically by filing frivolous motions or trying to conceal assets.


Read more . . .


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