A common statement or question from litigants relates to obtaining attorney’s fees for the expenses for their attorney in general civil litigation and divorce and paternity cases. Most of America’s laws are based on English common law. Under common law, the prevailing (or winning) party was entitled to receive an award of fees from the loser. In our society, this would be a difficult rule to apply as some cases have multiple parties and/or legal issues and a party may “win” some and “lose” some legal issues.
For this and many other reasons, America rejected this legal concept and each side ... Read More
Tag: award
12
Jul2018
31
Oct2017
Under the Divorce Act, the Legislature vests trial courts with great discretion to divide the marital estate in a just and equal manner. One consideration in any divorce is the award of statutory rehabilitation maintenance.
Rehabilitation maintenance1 is much narrower than alimony in many states because it only allows a trial court to award such for up to three (3) years when a spouse needs extra support while obtaining employment-related education or training.
There are four (4) considerations the trial court considers in making such an award:
The educational level of each spouse at the time of marriage and at the time ... Read More
01
Jul2015
When the inquiry is made about requesting the court to award attorney fees in domestic relations cases, such as a dissolution, modification of custody, paternity matter, modification of child support, or contempt issue, or protective order the standard answer is, “We can ask”.
The American standard is that each party pays their own attorney fees, unless there is a contract or statute that allows for an award of attorney fees. In domestic relations matters there are statutes that allow the award of attorney fees, but that is just the first hurdle. Truly the determination of an attorney fee award is solidly ... Read More