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Attorney Fees

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NneedofHelp

Junior Member
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.
 


LdiJ

Senior Member
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.
 

Bali Hai

Senior Member
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.
 

LdiJ

Senior Member
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.
 

Bali Hai

Senior Member
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.
 

NneedofHelp

Junior Member
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?
 

penelope10

Senior Member
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.
 

Bali Hai

Senior Member
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!!!
 

penelope10

Senior Member
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.:mad:
 

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