Are you in a situation where you know you need to pursue divorce, but you also know you can’t necessarily afford the laundry list of divorce fees? Even if you can afford it, a part of you believes your soon-to-be former spouse should foot the bill. After all, they are the ones who initiated the divorce in the first place.
These and similar situations may cause you to ask, “Can I request that my ex pay my divorce fees?”
The quick answer to that question is that it depends. But here are a few things to consider:
Understanding Divorce Costs
Regardless of whether you initiated the divorce or not, it’s important to be informed on what you are facing regarding what it generally costs to go through a divorce. No two divorces are the same, so you’ll never find an exact dollar amount. That said, divorce can be expensive when you add up attorney fees, court costs, filing fees, etc.
Once you’ve got your head wrapped around those potential fees, you may still wonder if your soon-to-be former spouse can be held responsible for any or all of those costs.
In most cases, each party is responsible for their legal fees. However, in certain situations, the court has the discretion to require one spouse to cover some or all of the other’s costs.
Examples include:
- Significant income disparity
- Unbalanced division of marital property
- Your spouse is guilty of bad faith litigation
- Selling shared assets without both parties agreeing
- Domestic abuse or financial control
- Violations of court orders
Talk to Your Attorney!
If both spouses have similar incomes, the court usually expects each person to cover their attorney fees. Additionally, if the divorce is friendly and both sides are working together, there is usually no reason to ask for help with attorney costs. That said, your attorney may feel you have a strong case. In that situation, they will file a motion with the court requesting your former spouse to cover some or all of the necessary legal expenses.
Depending on the circumstances that prompted the request, you must provide documentation showing financial need or evidence of the other party’s misconduct.
If you do not have funds to cover attorney fees, you may be able to get court approval to sell enough marital assets to help with paying these legal expenses. Ensure you understand the laws about what is and is not considered a “community asset.” It is important to note that this action requires filing a motion and getting the judge’s approval before selling any property.
You can ask your ex to cover your divorce fees, but whether the court agrees will depend on your situation. Talking to an experienced divorce attorney can help you determine whether you have a good chance of getting those costs covered and, if so, will guide you through the next steps to make that happen.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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