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05-12-2008, 04:08 PM
| | Junior Member | | Join Date: Apr 2008
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| | | Attorney Fees
What is the name of your state? TX
Under what conditions would I be forced to pay my wife's attorney fees? We have been married a little over a year and we do not have children and their is no community property. |
05-12-2008, 06:10 PM
| | Senior Member | | Join Date: May 2004
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Originally Posted by NneedofHelp  What is the name of your state? TX
Under what conditions would I be forced to pay my wife's attorney fees? We have been married a little over a year and we do not have children and their is no community property. | There are two general times when someone can be ordered to pay the other party's attorney fees...
The first is when the party is bringing forth frivolous motions, sometimes specifically designed to outspend the other party, and the other is when there is a serious income disparity.
There is never a guarantee however, that one party will be ordered to be the other's fees.
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05-13-2008, 01:47 AM
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Originally Posted by LdiJ There are two general times when someone can be ordered to pay the other party's attorney fees...
The first is when the party is bringing forth frivolous motions, sometimes specifically designed to outspend the other party, and the other is when there is a serious income disparity.
There is never a guarantee however, that one party will be ordered to be the other's fees. | And in fact for the frivolous motions and unecessary litigation that it would lead to, each party usually will be required to pay their own legal counsel. This puts the responsibility on each of squandering money out of their own pocket. |
05-13-2008, 07:06 AM
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Originally Posted by Bali Hai And in fact for the frivolous motions and unecessary litigation that it would lead to, each party usually will be required to pay their own legal counsel. This puts the responsibility on each of squandering money out of their own pocket. | That's not entirely true Bali. Its quite common for a judge to order the person making the frivolous motions, to pay the other party's attorney fees....assuming that the judge agrees that the motions are frivolous.
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05-13-2008, 11:34 PM
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Originally Posted by LdiJ That's not entirely true Bali. Its quite common for a judge to order the person making the frivolous motions, to pay the other party's attorney fees....assuming that the judge agrees that the motions are frivolous. | However, it USUALLY STARTS with each paying their own attorney fees. |
05-14-2008, 12:33 AM
| | Junior Member | | Join Date: Apr 2008
Posts: 20
| | | What I am concerned about is that my wife does not work and will not work, one of many reasons I am filling for divorce. She has no income and no money except for what I give her. We have only been married 14 months. I am the one asking for the divorce so is there a chance that I could get ordered to pay her attorney fees? |
05-14-2008, 12:46 AM
| | Senior Member | | Join Date: Nov 2007
Posts: 2,433
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Originally Posted by NneedofHelp What I am concerned about is that my wife does not work and will not work, one of many reasons I am filling for divorce. She has no income and no money except for what I give her. We have only been married 14 months. I am the one asking for the divorce so is there a chance that I could get ordered to pay her attorney fees? | Yes, there is that chance. Best to brace yourself for it. |
05-14-2008, 12:50 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,252
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Originally Posted by NneedofHelp What I am concerned about is that my wife does not work and will not work, one of many reasons I am filling for divorce. She has no income and no money except for what I give her. We have only been married 14 months. I am the one asking for the divorce so is there a chance that I could get ordered to pay her attorney fees? | This is a "discretionary" decision made by the judge. As such, the decision will vary from judge to judge. YES, there is a chance that you would be ordered to pay her attorney fees and nobody here can predict whether you will or won't be ordered to do so.
Whether you are ordered to pay her attorney fees or not, you are doing the absolute RIGHT thing to divorce her butt now. And god help the next sucker that marrys her!!! |
05-14-2008, 12:55 AM
| | Senior Member | | Join Date: Nov 2007
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Originally Posted by Bali Hai This is a "discretionary" decision made by the judge. As such, the decision will vary from judge to judge. YES, there is a chance that you would be ordered to pay her attorney fees and nobody here can predict whether you will or won't be ordered to do so.
Whether you are ordered to pay her attorney fees or not, you are doing the absolute RIGHT thing to divorce her butt now. And god help the next sucker that marrys her!!! | You are absolutely correct---I burned out my Magic Eight Ball from too much use earlier today.  | |
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