Who Pays Divorce Lawyer Fees in Our Divorce Case? Things You Must Know


Going through a divorce is a complicated process as there are several legalities present during the court proceedings. When you decide to end your marriage, you can have a divorce lawyer near me who helps you with the process and charges a fee for their services. One question that most couples experience is who will pay the divorce lawyer fee. If you have the same confusion, this article is a complete guide to divorce attorney’s fees. Let’s dive in! 

What Is The Attorney’s Fee? 

An attorney’s fee or the divorce lawyer fee is a lump sum amount of money that a lawyer charges from you for providing legal services. Lawyers charge this fee for their experience, expertise, time, and expenses like court costs, filing fees, and different out-of-pocket expenses incurred in your legal case. 

Besides this, the legal fee is also determined by the complexity of the case, the location, and the attorney’s experience. Most attorneys charge fees on a contingency basis, where the fee is paid after the case is closed. Some attorneys also charge on an hourly or flat fee basis. 

Who Pays The Attorney Fee In Divorce? 

In most cases, both parties are responsible for paying the attorney fee in divorce cases. Since both parties have their attorney to present their interests, the fee is also different. 

In case there is income or asset disparity, one of the two spouses may be asked to pay the fee; however, it is very uncommon. 

If the court believes that one spouse has incurred additional fees by unreasonably dragging the case, causing problems to the other spouse, the court orders them to pay some or all of the other spouse’s attorney fees. 

Alongside the attorney fee, the divorce case also has other costs associated, like mediation fees, expert witness fees, and court fees. 

Factors Affecting Who Pays The Attorney Fee In A Divorce Case 

Two major factors affect who is going to pay the attorney fee. These include: 

1. Assets and income disparity between partners 

The court closely determines the income and the financial status of both parties. In case one spouse is highly dependent on another one, the court asks the other spouse to pay the fee. 

2. Case complexity and results achieved 

If the winning party gets a divorce on subjects of post-divorce litigation like child custody, spousal support orders, and others, another spouse pays the fee. 

Wrapping Up 

The attorney fee is determined by the party’s level of transparency, the nature of assets, and other factors. Generally, both parties pay the fee to their attorneys.