Typically in a divorce, each spouse pays their own divorce attorney. However, Wisconsin law gives the court authority to order one spouse to pay the other party’s attorney fees in certain situations.
Disparity in Income
Divorcing stay-at-home parents and lower wage earning spouse’s are often relieved to learn that the court will consider the financial resources of both parties. If there is an earning disparity, one spouse may be ordered to pay the attorney fees for the other in a divorce.
Fees Accumulating Due to Lack of Cooperation
The court may also consider one party’s unreasonable approach to litigation. If a party to the divorce is adversarial or uncooperative causing the other spouse to incur additional fees, the court may order that spouse to pay for any additional fees incurred related to their conduct.
Attorney Fees for Contempt of Court
If a spouse or ex-spouse refuses to follow a court order, the court can impose sanctions on a party resulting from contempt of court, which may include attorney’s fees incurred as a result of having to file a motion of contempt.
Court Sanctions
If the other party files frivolous claims, with no basis in fact or law, sometimes with the intent to harass, delay or needlessly increase the cost of litigation in a divorce, they may be subject to sanctions including an award of actual fees and costs to the party victimized.
Contact an Experienced Divorce Lawyer for Help Today
If you are considering divorce and have questions regarding whether your spouse can be ordered to pay for attorney fees, contact Probst Law Offices for more information today.