Many women worry that they will never be able to escape a bad marriage because they have no control over the finances or money. It’s a terrible circular problem. On one hand, they know attorneys will charge for their services, but they don’t have the money. Yet, once they’re divorced, they also know they will likely receive some support or assistance from their ex-husband. But how can they get from point A to point B, so to speak?
Judges Can Make a Spouse Pay Your Attorney Fees
Many people do not realize it, but a South Carolina court has the authority to determine who will pay for your attorney’s fees. When you think about it, this actually makes good sense. Section 20-3-130(H) of the South Carolina Code provides a set of specific rules for judges to follow when determining fee awards in divorce cases, though it is not guaranteed that a judge will require your spouse to pay your attorney fees.
Generally, the court will consider four factors:
- The ability of each person to pay fees;
- The financial condition of each person;
- How fees will affect each person’s standard of living; and
- The results obtained by the attorney.
Judges Can Award Other Expenses Too
Attorney fees are not all a judge can award. A judge can also award other types of expenses to be paid by your spouse. These can include:
- Expert fees;
- Investigation fees;
- Court costs; and
- Other related expenses.
What if I Have Income?
Since the court has flexibility to hear a lot of different facts relating to the issue of who pays attorney fees, anything is technically possible. However, in most situations, if the husband is the sole breadwinner, he will likely have to pay your reasonable attorney fees and expenses. After all, the court views your husband’s earnings as marital property. This means his money is your money, at least for the purpose of determining who is responsible for paying the lawyers involved.
If, however, you earn money, there could be some changes to the equation. A judge may only award partial fees. This means you may have to split the cost of paying your attorney.
My Husband Cheated. Does He Have to Pay My Lawyer?
Maybe. Again, the four factors are what a judge will focus on, but in practice, judges typically do consider fault. If a husband’s conduct lead to the divorce, some judges may be more sympathetic and willing to make him pay for the attorney’s work. Keep in mind that the opposite is also true. Though not technically a factor, if you were the one who did something leading to the divorce, a judge may be more reluctant to award attorney fees. It all really depends on the financial merits and principles of fairness.
How Can I Find Out What the Judge Will Do Before I File for Divorce?
Sadly, there are no guarantees when it comes to what judges may or may not do under a specific set of facts. However, your best bet is to contact an experienced divorce attorney who regularly appears before that judge. Attorney Lauren Taylor regularly represents clients and appears before Greenville judges in divorce and related cases.
If you are a stay-at-home mom facing a divorce, rest assured we will fight to resolve your case as efficiently as possible. If you have no income, we can review the facts of your case and help you better understand your chances of getting the court to award attorney fees. Call Lauren Taylor Law , or visit us online to schedule a confidential consultation today.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.