Attorney fees paid before division of assets or out of husband share?

[brightfuture200]

California
I worked for 19 years and my wife did not. Can I pay attorney fees out of net assets of the estate before it is divided 50/50 or do I pay for both our attorney fees out of my share of the divided assets?

[Ohiogal]

What does your divorce decree state about who pays attorney fees? Why do you assume the husband should pay both out of his share? Truthfully if it comes out of marital assets it should come out of the total marital assets and the remainder divided.

[LdiJ]

Originally Posted by Ohiogal

What does your divorce decree state about who pays attorney fees? Why do you assume the husband should pay both out of his share? Truthfully if it comes out of marital assets it should come out of the total marital assets and the remainder divided.

The bolded part is a bit of a personal opinion rather than a legal one. Sorry...but its true.

Legally, if the agreement/divorce decree is silent on the issue of legal fees then each party is responsible for their own legal fees.

If the divorce agreement/decree outlines how legal fees are to be handled, then it goes by the agreement/decree.

If its not yet decided, and you can't agree...then the judge decides.

If the judge has to decide, then unless one party has clearly caused both of them to spend excess money on legal fees..frivolously, or unless one party is significantly more wealthy/financially solvent than the other (taking into consideration the property settlement) then the odds are that a judge is going to hold them each responsible for their own fees.

[Bali Hai]

Originally Posted by LdiJ

The bolded part is a bit of a personal opinion rather than a legal one. Sorry...but its true.

Legally, if the agreement/divorce decree is silent on the issue of legal fees then each party is responsible for their own legal fees.

If the divorce agreement/decree outlines how legal fees are to be handled, then it goes by the agreement/decree.

If its not yet decided, and you can't agree...then the judge decides.

If the judge has to decide, then unless one party has clearly caused both of them to spend excess money on legal fees..frivolously, or unless one party is significantly more wealthy/financially solvent than the other (taking into consideration the property settlement) then the odds are that a judge is going to hold them each responsible for their own fees.

And that bolded part is also a personal opinion, the court's.

Another discretionary decision by the judiciary. These decisions should be left to a jury of peers.

In my opinion, the person at fault should pay all attorney fees and court costs AND get hammered in the property settlement. No-fault divorce property settlements get split down the middle and no alimony and both parties walk away with any ties cut.

Of course that's my opinion and NOT how things work.

[LdiJ]

Originally Posted by Bali Hai

And that bolded part is also a personal opinion, the court's.

Another discretionary decision by the judiciary. These decisions should be left to a jury of peers.

In my opinion, the person at fault should pay all attorney fees and court costs AND get hammered in the property settlement. No-fault divorce property settlements get split down the middle and no alimony and both parties walk away with any ties cut.

Of course that's my opinion and NOT how things work.

Bali, you do realize that the cost of a Jury trial is MUCH higher? What's the point of having a jury decide who pays legal fees if it costs you twice or three times as much to have the jury decide?

[Ohiogal]

Originally Posted by LdiJ

Bali, you do realize that the cost of a Jury trial is MUCH higher? What's the point of having a jury decide who pays legal fees if it costs you twice or three times as much to have the jury decide?

Most states -- if not all -- do not ALLOW jury trials for domestic relations.

[LdiJ]

Originally Posted by Ohiogal

Most states -- if not all -- do not ALLOW jury trials for domestic relations.

I realize that, but Bali often doesn't even think about the economic consequences of the things that he says.

[Bali Hai]

Originally Posted by LdiJ

I realize that, but Bali often doesn't even think about the economic consequences of the things that he says.

If it takes bucks to get a fair trial, then so be it.

Leaving domestic relation law decisions to one person's discrection that will have life long effects simply doesn't work.