Frequently in a Brevard County divorce one spouse wants the other spouse to pay for the divorce. At the end of a divorce a judge can decide that one side must pay the other side’s attorney fees. Also, when a divorce starts a judge can order the payment of temporary attorney fees. Case law and Florida Statutes provide that parties should be on an equal footing in their ability to pay an attorney in a divorce case.
Under Florida Statute 61.16 the Court must consider the financial resources of both parties in making an award of attorney fees and costs. While the case is pending, the Court can award fees repeatedly. You must file a motion and request the Court award your fees.
Sometimes one party will cause unnecessary attorney fees to be incurred. This could be done by obstructing or delaying the proceedings, or by raising frivolous claims or defenses. Under Rosen v. Rosen, 696 So. 2d 697 (Fla 1997) the Court can order the payment of attorney fees that were caused by unreasonable behavior.
You can also ask your spouse to pay for your divorce in settlement negotiations. Make it part of the deal that all or part of your attorney fees are paid by your spouse. Of course, this takes the agreement of both parties.
You can also liquidate marital assets to pay for the divorce or support yourself while the divorce is pending. If you do liquidate marital asset, make sure you keep a good accounting of how the assets were liquidated and how the money was spent.
If you need to get divorced with Brevard County but do not think you have the money to hire an attorney call our office and speak to an experienced divorce attorney. We serve clients from Palm Bay and Melbourne to Titusville and Mims. We have offices in Cocoa and Melbourne and serve all of Brevard County including Viera and Merritt Island. Initial consultations are always complimentary. Call today 321-631-0506 or email using the contact form on this page.