While the time frame of any divorce can vary and depend on a number of different factors, the cost of going forward once a filing can take place is something that can potentially be very expensive. Issues over property and other marital assets, any discussion of alimony from either side and especially the role of custody for any children can become heated and lead to a drawn-out case,
In the case of a divorce filing within the state of Florida, an effort is made to ensure that each side has qualified representation in order to attempt providing equal justice. To address this matter, the financial resources available to each side are examined by the presiding judge.
Once that’s concluded, the judge will determine what constitutes reasonable fees connected to an attorney’s service. This can include any required effort that’s needed to make sure that the final judgment is being enforced or if such facets of the divorce decree need to be modified. Also factored in here are any appeals that take place.
These issues especially come into play when huge disparities exist between the financial resources of the individuals,with the clearest example taking place when salaries of the parties are severe. In some cases, the wife may be a stay-at-home mother who otherwise isn’t paid for her services as a parent.
An important factor to remember is that in Florida, there are exclusions where no attorney fees will be paid. When the case was brought before the Second District Court of Appeals in Florida, the court ruled that three particular circumstances are covered in this instance:
- If an attorney is performing work that’s not germane to the case at hand, no fees will be paid. There must be a legal aspect connected to the case or it will be summarily rejected.
- Hiring an attorney that must travel distances that might be far away from the particular jurisdiction where the case is being heard doesn’t allow them to include travel expenses in the list of fees. The judge will ultimately determine if such travel expenses are legitimate.
- In the case of an injunction that’s filed in a separate matter and connected to domestic violence, no attorney fees can be collected from either party. Also, no attorney fees can be collected when such an injunction is filed where no filing of divorce has taken place.
Attempting to grasp all of the nuances of the legal system can be a challenge, especially in the emotional turmoil that surrounds the subject of divorce. In the event that you or someone you know is in need of an attorney’s service regarding these matters, make sure to contact us today. We can set up a free consultation to discuss your case.