Who Pays The Legal Fees In A Maryland Divorce?
Generally speaking, each party is responsible for paying their own legal fees in a Maryland divorce. In some cases, however, one spouse may be ordered to pay the other spouse’s legal fees by the judge. In this article, the Bel Air MD family law attorneys will unpack this question and discuss when a spouse may be responsible for paying the other spouse’s attorney’s fees.
What constitutes attorney’s fees in a Maryland divorce?
Divorce attorneys and their staff get paid for their services. These services include:
- researching statutes and laws that apply to your case
- reviewing the facts of your case
- setting up the terms for child support and legal decision making (custody)
- researching case law and gathering support for your interests
- creating legal arguments to use in court
- standing by your side and representing you during court hearings
- assisting you outside of court
When would a judge award attorney fees in a divorce?
In a typical case, each party is responsible for paying his or her own lawyer’s fees in a Maryland divorce. But sometimes, a spouse can be ordered to pay the other spouse’s legal fees. Additionally, some courts allow the judge to award attorney’s fees to one party according to the judge’s discretion. What does the “judge’s discretion” mean?
If a judge awards attorney’s fees to one party according to their discretion, it means that the judge has found a factor that would make it acceptable to require one party to pay the other party’s attorney’s fees. There are a few instances when a judge would require one party to pay the other’s attorney’s fees. These include:
- when there is a large difference between the relative earning powers of the spouses
- when one party is unable to pay for an attorney
- when there is a lot of research and preparation that is needed to complete the legal process
In addition to the aforementioned factors which may contribute to a judge awarding attorney’s fees to a spouse during the divorce, if one side engages in litigation misconduct, the judge may see fit to tax that party for wasting everybody’s time. In Maryland divorce litigation, if a court finds a party’s conduct in maintaining or defending a proceeding was in bad faith or without substantial justification, the court can order the offending party to pay the adverse party’s costs and reasonable attorney’s fees.
Talk to a Bel Air, MD family law attorney today
The Bel Air, MD family law attorneys at Schlaich & Thompson, Chartered represent the interests of divorcing couples. Whether you are going through mediation or litigating your divorce, our experienced attorneys will ensure that your interests are accounted for when a final decision is reached. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.
