Can I Make My Spouse Pay My Attorney Fees in Our Divorce?

Full question:

My wife filed for divorce and I have been served papers. I do not have money for a lawyer. I am retired and on social security. The retirement income was earned prior to marriage. We have been married for over 13 years. She has a $89,000.00 per year government job and an 9 unit apartment complex with about an additional $7200.00 per month income. My total yearly income is $42,000.00 per year. Can she be responsible for my legal expenses?

  • Category: Civil Actions
  • Subcategory: Costs
  • Date:
  • State: Texas

Answer:

Typically, spouses pay their own legal and court costs upfront. It is possible for your attorney to request that your spouse be responsible for all or a portion of those fees and costs. In some situations, a judge will order one spouse to pay the legal costs of the other spouse.

For example, a stay at home mom whose husband files for divorce may stand a better chance of being awarded legal costs because her husband is in a better position financially and would suffer less financially if he paid all or a portion costs related to the divorce. Who pays the costs associated with the divorce will also depend on who has the best attorney.

For further discussion, please see:

http://divorcesupport.about.com/od/canyouaffordtodivorce/f/divorce_cost.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Being served with divorce papers means that your spouse has officially filed for divorce and you are being notified of the legal action. The papers typically include details about the divorce petition, such as grounds for divorce and any requests for child custody, support, or property division. It's important to respond to these papers within the specified time frame to protect your rights.