A question regarding legal fees in a divorce situation---who typically pays them? I've heard of many situations where the person who files must pay both parties fees, but am wondering how typical this is. Is it part of the settlement, so it is up to both the husband and wife to agree to this?<P>Any information will be much appreciated.....

It's different in different states.<P>In the best case (for society, not necessarily for any particular party), it's "equitable" ... that means the judge decides who pays how much ... based on who <I>has</I> the money and possibly on who has <I>misbehaved</I> in the marriage or made settlement more difficult.

Thanks Sisyphus. In my case, I am a SAHM (a mutual decision between H and I), so my income is zero. H had the affair, so would be the one who misbehaved. As for making the settlement difficult---I have no intention of making it difficult, but will need to make sure that my 3 kids and I are protected and taken care of for the future.<P>Another twist---H has legal coverage through his employer and will not have to pay one penny for his fees. I, however, cannot use the benefit against him, as he is the insured.<P>Any ideas what my chances of H having to cover my fees would be with this added info??<P>Thanks.....oh, and if it makes a difference, I'm in Illinois.<p>[This message has been edited by hurtinginil (edited August 06, 2001).]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by hurtinginil:<BR><B>Thanks Sisyphus. In my case, I am a SAHM (a mutual decision between H and I), so my income is zero. H had the affair, so would be the one who misbehaved. As for making the settlement difficult---I have no intention of making it difficult, but will need to make sure that my 3 kids and I are protected and taken care of for the future.<P>Another twist---H has legal coverage through his employer and will not have to pay one penny for his fees. I, however, cannot use the benefit against him, as he is the insured.<P>Any ideas what my chances of H having to cover my fees would be with this added info??<P>In the stat where I live my lawyer said I will have to sue him for the money and since he is having the affair and living with OW I will have no problem getting it back.<BR>You can also check on the internet on divorce laws in you state, it will help.<P>Best of luck!<P>Thanks.....oh, and if it makes a difference, I'm in Illinois.<P>[This message has been edited by hurtinginil (edited August 06, 2001).]</B><HR></BLOCKQUOTE><P>

In 90% of all cases both parties pay their own fees. <P>You can ask for the fee in the divorce filing but most of the time the judge refuses that request since in almost all states now divorce is a no fault civil action.

Here's a link you might want to look at:<BR> <A HREF="http://www.illinoisprobonocenter.org" TARGET=_blank>www.illinoisprobonocenter.org</A> <P>You can find a list of attorneys who participate in legal aid programs. Also some states have special legal aid programs specifically for SAHM. You should consult an attorney even if you don't intend to file.<P>Illinois has both fault/nofault. No fault is only granted after 2 years of legal separation. There are a number of grounds for fault divorce including adultery. Check out <A HREF="http://www.divorcenet.com" TARGET=_blank>www.divorcenet.com</A>

Hurting,<BR>You need legal counsel asap. Here in CA your H would be responsible for your legal fee's whether you filed or he did.<BR>You are a SAHM w/ 3 kids?? dont worry. He will have to take "care" of you and the kids, until you could get on your feet. He will always have to take care of the children...But get a GOOD lawyer, ask around there has to be a good recommendation from someone, then research them on the net. You may have to come up with a retainer, until the lawyer can get an order from the court...most will take credit cards ...scary HUH, sounds like I have spoken to a lawyer...YUP!!! covering my butt, and protecting my 3 kids...You take care

I'm an attorney in Ohio so I can't tell you much about your state. Attorney fee awards involve many factors. The idea is to "level the playing field" so that one party does not have a legal advantage over the other. Fault may very well be a factor in your state. Length of marriage, etc. are also important. In Ohio, we make temporary orders and attorney fees, at least initially, can be awarded toward the beginning. Since you are not employed, I wouldn't be surprised if you did get some kind of an award for attorney fees. But again, I don't know the laws of your state. I doubt your husband is going to agree to pay attorney fees. Most husbands don't. You need to consult an attorney. Unfortunately, you may have to come up with a retainer in the beginning. Pick an attorney with a great deal of experience in family law and make sure you ask if there is a consultation fee. Best of luck to you.<P>------------------<BR>

P.S. I didn't see the post just before mine, but it makes sense. Learn your options now so you will be prepared.<P>------------------<BR>

I was a SAHM with six kids, then six months after he leftr got a part-time job. His job paid 4-5 times as much as mine. Don't count on him having to take care of anyone financially - my H got laid off and the court doesn't care what his earning potential is. I have to cover my legal expenses, he (or more likely the OW) covers his, and he is only required to pay a small amount of child support, not even anywhere near half of what it costs to support the kids. If he were working he would have to contribute to college expenses, but since he is not he is not responsible for them, even though the college bases their financial aid, or lack thereof, in part upon his earning potential.<P>