During a divorce it is not uncommon to see one party requesting that his or her legal fees be paid by his or her spouse. However, whether or not the court will grant this request is dependent on the facts involved in the case.
In making this determination, the court will often take into consideration the financial resources of both parties along with the reasonableness of the positions they have taken throughout the course of the proceeding. Should the court determine that a petition was not filed in good faith, was not grounded in fact or based on law, or was filed for an improper purpose, such as to cause an unnecessary delay in proceedings, to add to the costs of the opposing party’s legal fees, or to harass the other party, then the court is likely to award the other party reasonable attorneys’ fees.
Any litigation carries with it the possibility of paying for a portion of the other side’s legal fees and related expenses. For this reason, it is important to work alongside an attorney who realizes the importance of acting in good faith and advancing only reasonable positions.
Contact The Carroll Law Firm PLC at (623)551-9366 to speak with an experienced attorney regarding your legal questions or concerns.