Can he be forced to pay for wife's lawyer?

[ard1976]

What is the name of your state?What is the name of your state?IL

I have a strange question. My friend is getting divorced, and his wife is saying that she is "going to make him pay for her lawyer". I don't see how this is possible unless he agrees to it...in other words, is there some kind of legal way she can make this happen? It seems asinine to me, but stranger things have happened. Anyway, he needs to know before he decides on an attorney, cost and all of that. Thanks so much.

 

[tigger22472]

What is the name of your state?What is the name of your state?IL

I have a strange question. My friend is getting divorced, and his wife is saying that she is "going to make him pay for her lawyer". I don't see how this is possible unless he agrees to it...in other words, is there some kind of legal way she can make this happen? It seems asinine to me, but stranger things have happened. Anyway, he needs to know before he decides on an attorney, cost and all of that. Thanks so much.

It's basically up to the judge. She has the right to ask for it and the judge has the right to grant it and sometimes do depending on circumstances. I had one, my ex didn't. I paid the retainer, he was ordered to pay the lawyer fees. Was that because he didn't have to pay one of his own and I'd paid the retainer? Maybe... don't know.

 

[LdiJ]

What is the name of your state?What is the name of your state?IL

I have a strange question. My friend is getting divorced, and his wife is saying that she is "going to make him pay for her lawyer". I don't see how this is possible unless he agrees to it...in other words, is there some kind of legal way she can make this happen? It seems asinine to me, but stranger things have happened. Anyway, he needs to know before he decides on an attorney, cost and all of that. Thanks so much.

Yes, it happens. It generally happens when the income of one spouse is significantly greater than the income of the other. Its an "equalizing" system used by the courts to make things more fair...to level the playing field so that one spouse can't win by outspending the other....or its done when one spouse is deliberately and/or frivolously dragging the process out.

 

[ard1976]

paying for wife's lawyer

IL

So what are the odds of this happening if their incomes aren't that different (neither make very much money), and she if anyone would be the one to drag it out? He is trying to keep this as amicable as possible and leave her in as good of a financial situation as possible. She has already told him that she wants to make him take the house and car since they are in his name and she wants him to have the payments, which he really can't afford on his own. So he truly cannot afford to pay for her lawyer on top of that.

 

[LdiJ]

IL

So what are the odds of this happening if their incomes aren't that different (neither make very much money), and she if anyone would be the one to drag it out? He is trying to keep this as amicable as possible and leave her in as good of a financial situation as possible. She has already told him that she wants to make him take the house and car since they are in his name and she wants him to have the payments, which he really can't afford on his own. So he truly cannot afford to pay for her lawyer on top of that.

If their incomes are fairly equal then its not very likely that he would have to pay for her attorney.

If he cannot afford the house on his own (assuming that they own it) then the house needs to be sold. Depending on the reasons why its in his name instead of both she would be entitled to a share of the equity whether he keeps the home or its sold. She would also be entitled to a share in the equity of the car (assuming there is any and assuming that she isn't getting other assets to offset the car)

However, since both are in his name she really doesn't have to do anything to "make" him take the house and car. He is the only person legally responsible for those debts. A judge can't force her to take ownership of property that isn't in her name now....against her will......Just like a judge couldn't for him to give her the property. A judge could only force him to pay her a share of the equity.

 

[wbaxter]

Lawyer's bill is growing

Her lawyer is trying to get me to pay their bills. The lawyer has given the STBEX a line of credit and they are running up quite a bill. They refuse to settle and keep filing motion after motion. Why should I have to pay when they are refusing to cooperate. There should be some protection from crazy women to include the lawyer.

Florida