A divorce judge has the authority to order either spouse to pay Connecticut divorce legal fees.
Payment of legal fees in a Connecticut can be ordered at two stages:
While the divorce is pending
A judge can order one spouse to pay the reasonable legal fees of the other spouse. This typically occurs when there are sufficient funds in the marital estate but those funds are within the sole control of only one spouse. The rationale at this stage is to make sure that the rights of both spouses are protected and that neither spouse is denied the opportunity to retain an attorney.
When the divorce is over
At the end of the case, a judge can order that a husband or wife pay the other’s outstanding legal fees. Sometimes a judge will order a spouse to pay part of the fees; other times the whole nut.
Technically, the judge should look at the same factors as when deciding alimony. But it really comes down to whether a spouse has ample liquid funds to pay their own fees and making sure that orders to pay legal costs do not undermine the other financial aspects of the divorce judgment.
In addition, some judges place great weight on fault when ruling on the issue of legal fees. Spouses who cheat, commit acts of domestic violence, dissipate marital assets or present poorly in court have exposure when it comes to payment of legal fees. In essence, fault – if it is the cause of the breakdown of the marriage – can be a factor in the award of the legal fees.
Bear in mind that although the court applies the alimony factors when deciding the issue of legal fees, it does not follow that the award of alimony automatically means an award of legal fees.
I represent clients in divorce matters throughout Easton, Fairfield, Monroe, Trumbull, Stratford, Shelton, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
other financial aspects of the divorce judgment.
In addition, some judges place great weight on fault when ruling on the issue of legal fees. Spouses who cheat, commit acts of domestic violence, dissipate marital assets or present poorly in court have exposure when it comes to payment of legal fees. In essence, fault – if it is the cause of the breakdown of the marriage – can be a factor in the award of the legal fees.
Bear in mind that although the court applies the alimony factors when deciding the issue of legal fees, it does not follow that the award of alimony automatically means an award of legal fees.
I represent clients in divorce matters throughout Easton, Fairfield, Monroe, Trumbull, Stratford, Shelton, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.