Attorney’s Fees

Can I get attorney’s fees from my spouse in a divorce?

Yes.  Maryland law allows either party to request that the other party pay their attorney’s fees and costs to pursue or defend a divorce case, an alimony case, a case involving the division of marital property and in child support cases.

In virtually all of these types of cases a judge may, but is not required to, award attorney’s fees and costs after determining the following:

  1. The financial resources and financial needs of both parties; and
  2. Whether there was substantial justification for prosecuting or defending the proceeding.
If a court finds that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.

Reasonableness of Fee

A court may only award attorney’s fees that are reasonable.  Your attorney will be able to better explain how a court determines the reasonableness of a fee but it is a required finding prior to award attorney’s fees.

Costs and Expenses

A court may also award costs and expenses in a case.  Typical costs and expenses include:

  • The filing fee
  • The fee for service on the other side charged by the Sheriff or a private process server
  • The costs of hiring an expert
  • Other costs such as postage, copies, and supplies required to pursue the case.

You should consider requesting attorney’s fees in your case however most attorneys will require you to continue to pay your own fees as the case progresses as an award of attorney’s fees and costs as a court may not award either side attorney’s fees at the conclusion of the case.

Contact Baltimore Divorce attorney David D. Nowak at 443-470-9071

As always, the information on this site is for information purposes only and should not be considered legal advice. Each case is different and you should contact an experienced attorney for legal advice.

 

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