Duff Kronfeld & Marquardt P.C.
Contact Us
703-591-7475
View Our Practice Areas

Making Your Spouse Pay for Your Attorneys Fees

Divorce litigation can often be quite expensive. It is not unusual to see both parties incur attorneys fees deep into the tens of thousands of dollars. Therefore, it is always important to posture yourself in as strong a position as possible to require that your spouse reimburse you for a portion of the attorneys fees that you have incurred.

At the outset, you must understand that the question of whether or not to assess attorneys fees against one spouse is completely discretionary with the Judge. With this in mind, it is absolutely crucial that you do not intentionally do anything during the pendency of the divorce case that causes the other side to unnecessarily incur additional fees. A common example is the party who fails to timely and thoroughly respond to discovery requests, thereby requiring the other party to file a formal Motion to Compel to obtain discovery responses.

Another frequent example is the spouse who refuses to follow the court-ordered terms for visitation with children, resulting in exchanges of correspondence between attorneys; the filing of motions; and generally a court appearance to argue the matter before a Judge.

Or, consider the party who has been ordered to pay interim support to the other spouse, or to pay a debt (ex. the mortgage, a car payment, credit cards) pending the final hearing, but fails to do so. This forces the other spouse to have his/her attorney file a written motion, and often appear in court, merely to obtain something that has already been court-ordered.

These are only a few examples of the innumerable ways that one party's unreasonableness, or outright obstinance, causes the other party to incur more attorneys fees than are necessary in the divorce litigation. As you might imagine, Judges do not take kindly to such unreasonable conduct, and will often "reward" such conduct by ordering a sizable reimbursement of attorneys fees to the other, non-offending spouse.

If you are involved, or about to be involved, in divorce litigation, and have a question about requiring the other party to contribute to your fees, call an attorney at The Duff Law Firm for a complimentary, 30-minute telephone consultation and discuss your particular situation.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us Today For Knowledgeable And Client-Centered Assistance

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Duff Kronfeld & Marquardt P.C.
11320 Random Hills Road
Suite 630
Fair Oaks Commerce Center
Fairfax, VA 22030

Phone: 703-591-7475
Fax: 703-273-4537
Fairfax Law Office Map