Q: Is my husband responsible for his ex-wife's lawyer fees if they go to court?
My husband's ex wife says that if he does not agree with everything she wants him to do, then she will take him to court and make him pay for her lawyer, as well as court and filing fees. Would she be able to make him pay for her lawyer?
A: Anyone who files an action in court may ask for the award of attorney's fees and court costs. It will be up to the judge if she is awarded them at the conclusion of the case. Best of luck!
A: Any award of attorney fees is discretionary with the court. Unfortunately I have found this to be true even when the Agreement executed by the parties and converted to an Order by the judge has a fee provision that should not be discretionary. It creates an issue for appeal but few have the money to file an appeal. I would say that if the reason for returning to court is because your husband has violated the agreement in some way there is a chance that he could be taxed with costs including attorney fees. If he has not violated the agreement and it is just time for a change then it is unlikely that costs or attorneys fees will be taxed and he is just as likely able to ask for and obtain an award with such fees.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
