Divorce is never easy. One of the biggest worries for many people is the cost. Attorney fees can add up quickly, and you might wonder whether you’ll have to shoulder the entire financial burden. Who pays for attorney fees in Ohio? That answer depends on a few factors, like your financial situation and how smoothly the divorce process goes.
Let’s break down the legal fees and what you can do to prepare.
The General Rule: You’re Responsible for Your Attorney Fees
In most Ohio divorces, each spouse is responsible for paying their attorney fees. You can pursue an uncontested divorce if you and your spouse agree on all major issues like property division, spousal support, and child custody. In these cases, the costs are more manageable.
However, if disagreements arise, those fees can skyrocket. This is due to the need for more time and resources to resolve the disputes.
When One Spouse Might Pay the Other’s Fees
While you usually pay your own way, there are certain times when a judge might order your spouse to cover some or all of your attorney fees. These exceptions ensure fairness, especially when one spouse is at a financial disadvantage. Some of these scenarios might involve:
Differences in Financial Resources
One of the most common reasons a judge might require one spouse to pay the other’s attorney fees is when there’s a large income gap. For example, if your spouse earns a six-figure salary and you’re a stay-at-home parent or work a low-paying job, the court may decide your spouse needs to help with your legal costs.
The courts want to make sure that both parties can access quality legal representation.
Bad Behavior by the Other Spouse
If your spouse’s actions cause unnecessary delays, they might have to pay for your extra legal expenses. This can include:
- Hiding assets or refusing to disclose financial information
- Filing frivolous motions
- Refusing to cooperate in mediation or settlement discussions
In these cases, your spouse is acting in bad faith. The court can penalize them by ordering them to cover your increased attorney fees.
Enforcing Support or Custody Orders
If your spouse refuses to follow court orders for child support, spousal support, or parenting time, and you’re forced to hire an attorney, then they might have to cover the legal costs. Ohio courts often make the non-compliant spouse pay for the expenses you incurred to get them to comply. With that, you do not have to unfairly bear the cost to enforce your rights.
What Judges Consider When Awarding Attorney Fees
The judge will look at a few factors when making a spouse pay for the other’s attorney fees. These include:
- Financial disparity
- Reasonableness of the fees
- Conduct during the divorce
The judge’s goal is to make sure the process is as equitable as possible.
Temporary Orders for Attorney Fees
Divorce cases can take months, or even years, to resolve. If you’re struggling to afford an attorney while the case is ongoing, you can ask the court for a temporary order requiring your spouse to help with your legal fees.
For many people who rely on the other spouse for financial support during the marriage, this can help. These temporary orders level the playing field while the divorce is in progress. Most of the time, they can be adjusted later once a final settlement is reached.
Learn More About Your Potential Attorney Fees
Who pays for attorney fees in Ohio? That answer depends on many factors. While most people are responsible for their own legal costs, some exceptions could help you if you’re facing financial challenges or dealing with a difficult spouse.
If you’re concerned about covering attorney fees, reach out to an experienced Ohio divorce lawyer. At Axelrod Law Office in Lake County, OH, we can give you a clearer picture of these costs. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.