Going through the complexities of a divorce, not to mention, the emotional ups and downs, can be very difficult and, at times, expensive. This is where it becomes vital for you to know the intricacies of how and when Virginia courts may award you attorney fees, offering a welcome relief for you to get through the process.
Awarding Attorney’s Fees: A Look into the Concept
The concept comprises a wide range of different reasons spanning across different cases. In the Commonwealth of Virginia, the family court may award one party a portion or all the legal fees hugely depending on a slew of different factors. These factors can include things like a significant gap in your and your spouse’s financial wellness and the merits and facts of your divorce case.
It is also worth noting that the family courts in Virginia rarely ever award any part attorney fees at the start of the divorce proceeding.
However, if merit permits, one party may be awarded a percentage of the fees towards the final stages of the divorce. It is also important to mention that a prime reason the court may award you legal fees is if there is a large disparity in how much both spouses earn.
But if it is a faults-based divorce, the court may be more inclined to award the attorneys to the innocent party.
Factors Considered by Family Courts in Virginia for Awarding Attorney Fees
- Financial Wellness: The court evaluates who out of the two spouses is considerably well off, financially.
- The Facts of the Case: The court will also investigate all the merits that build the case, especially if it is a fault-based divorce.
- The Attitude of the Parties: The court will also evaluate how both parties behave in court.
Questions about your estate plan?
Every situation is different. If you have questions about how Virginia law applies to yours, contact the Law Office of Miles Franklin to schedule a consultation.
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