Who pays for the divorce?

Posted By Max Soni, Uncategorized On July 11, 2017

The cost of contesting in a divorce case can escalate to amounts that estimated to be tens of thousands of dollars. Therefore, it is the reason why many couples end up getting trouble when they face the divorce-associated finances. While most of the simple cases with a divorce attorney may imply less than $1,000, most of the contested divorce cases usually require numerous appearances in a court of law by your lawyer. During these times, your lawyer must lay his reparation for many hours in preparation for such cases. For every hour the lawyer stays in court, he is paid an average of $250. For temporary support orders, the couple may end up spending $2500 in the early stages of the case. When you add the expert’s fees such as the forensics accountants and estate appraisers, the cost of divorce often skyrocket, in addition to the cost of a Queens county divorce lawyer.
Creating a Level Playing Field
In many states, the spouses are obligated for paying for their costs and legal fees associated with their divorce. However, many exceptions exist especially when a spouse earns more than the other. It will be very unfair for the high-earning spouse to pay a high-end lawyer only to leave the low-earning spouse to match their wits with a lawyer because they can’t afford the legal fees.
For many states, they prevent such an action by providing that the high-earning spouse pays for the litigation costs and lawyer’s fees. The liquidation of some assets owned by the family can be ordered by the judge to pay for the proceedings of the case. The court will pay the attorney by deducting what you receive from your asset share when the divorce is final. Because your attorney protected your best interests and worked for you, these fees cannot be paid jointly.
Fault-Based Issues
For the court, it will be unfair to order the other spouse to pay for the legal costs of the other spouse because of the marital conduct that gave birth to the separation. If you found your spouse committing adultery and decided to a divorce case based on these allegations, the judge will not order the spouse to pay for the legal costs as a way of punishment. If your spouse refuses to cooperate or files unnecessary motions, some state or county courts order the payment of the associated legal fees to compensate for this action. Your spouse will not be obligated to pay for all the fees and costs associated with the case. However, they may pay for court appearances because of their bad behaviors.
Other Options
If you don’t see any possibility that the court will assist you to have the spouse to pay for your legal costs, there are a few options for you. However, clear them with your lawyer first before proceeding forward. You can cash in your retirement benefits. However, they may not be considered valid if you made them as a marital contribution during your marriage as it is marital property. You may use an asset that must be authorized by your spouse. While the spouse puts a fuss, the court can deduct your share when the divorce finalizes. You can consider taking a loan on your name or borrow from the family which can be paid back after divorce.
Professional Funding
If you don’t have any way whatsoever to pay for your legal costs and attorney’s fees, consider asking about private investors who can be willing to pay for your case in exchange for the assets you get after the divorce is finalized. Occasionally, a divorce lawyer may be willing to deduct the fees from the assets shared after divorce. While you can set the payment plan with your lawyer, you are left with the costs associated with expert fees to prepare the case.