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Allocation of Attorney Fees

In some cases where one of the divorcing spouses is financially unable or in less of a position to afford the costs that come with the appointment of a divorce attorney, your Seattle divorce lawyer can petition the court to allocate your attorney fees.

The allocation of attorney fees simply means that the judge will evaluate the financial position of both divorcing spouses and rule that the more financially secure spouse must pay a portion or sometimes the entire amount of the opposite spouse’s legal fees.

Oftentimes, a judge will rule for a portion of fees, those fees which are deemed reasonable for the advantaged spouse to pay. Any fees seen as groundless and frivolous will not be paid. For example, if the actins of the disadvantaged spouse are meant to purposefully elongate the divorce proceedings, which obviously increases the amount of fees owed to the attorneys, the judge will not allocate such "frivolous" attorney fees.

A judge can also allocate a client's attorney fees during child custody proceedings. For instance, if a parent has failed to pay child support and the custodial parent must go to the court for assistance, the judge will allocate at least a fraction of the custodial parent’s attorney fees. However, as with divorce or any other legal proceeding, the allocation of attorney fees depends on the facts of the case.

If you have questions about the allocation of your attorney fees, contact the Seattle divorce attorney today for an immediate consultation.