How to Get a Spouse to Pay Counsel Fees

Pursuant to the case of Williams v. Williams, 59 N.J. 229 (1971), an award of counsel fees in a New Jersey divorce action is within the discretion of the court. The Williams case stands for the proposition that the court must look at the requesting party's need, the other party's ability to pay, and the good faith or bad faith put forth on behalf of each party.

Additional factors the courts must also consider include the complexity of the case, the quality of the financial positions among the parties, the spouses' respective shares of equitable distribution of the marital assets, the applicant's share in the equitable distribution process, and the liquidity of the same.

Attorneys' Fees Must be Reasonable

Counsel fees are required to be reasonable under the circumstances. Courts will look at the time and labor required, the novelty and difficulty of the questions involved, and the skill required to perform the services properly.

The courts will also consider whether the fee charged by the attorneys is customary in the location for similar services.

File an Application with the Court for Attorneys' Fees

At the onset of a contested litigated divorce, typically one spouse is in a better financial position to pay for his or her attorney's fees than the other. This is especially true in circumstances where one spouse is a homemaker and does not have access to a steady paycheck.

If that is the case, it may make sense for the non-working spouse to immediately file an application with the court to level the playing field. It is not fair for one spouse to have the ability to fund the litigation while the other is left without the ability to secure proper representation.

The family law attorneys at Villani & DeLuca are creative when it comes to representing spouses who do not have the funds to pay an initial upfront retainer. There are a number of ways to handle such a situation.

One approach at the onset of the case is for the attorney to send a letter to the other spouse's attorney requesting that an initial retainer be supplied. The letter also advises the other side that if the retainer is not supplied, an application will be filed with the court to compel the other party to forward the requisite retainer funds.

More and more, judges are recognizing that an imbalance of power between parties in a divorce is not fair. If the attorney is able to make a creative argument, such as using credit cards or an equity line to pay a retainer, this option is often pursued to level the playing field.

If you are facing the prospect of a divorce and do not have a job or ready access to money, please call the attorneys at Villani & DeLuca to schedule your free initial consultation. You have nothing to lose, and you might find a viable alternative that ensures you receive the representation you deserve.

Equal Ability to Obtain Competent and Experienced Legal Counsel

Counsel fees are always an integral part of a divorce proceeding. You must have a thorough understanding of this issue before engaging in the divorce process.

It is imperative that the playing field be level and that both spouses have an equal ability to obtain competent and experienced legal counsel in order to reach a fair divorce settlement.

Vincent DeLuca, NJ Certified Matrimonial Attorney

Vincent C. DeLuca, Esq., is certified by the Supreme Court of New Jersey as a matrimonial law attorney and has extensive experience in this area of the law.

Contact the office of Villani & DeLuca, P.C. for a free initial consultation about your divorce matter or if you have questions about attorneys' fees in a New Jersey divorce.

Call (732) 709-7757 today.