Victoria S. Linder Law Office
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Does anyone actually win attorney fees?

Occasionally divorcing spouses are so entangled in their own anger with one another that they purposely rack up attorney fees with the idea that their soon to be ex will have to pay for them. Continuously going back to court, contesting simple decisions and filing motion after motion can really add up, and for someone just doing it in the hopes their spouse will pick up the tab, it might be wise to ask your attorney how often that actually happens.

The general rule of thumb is that each party is responsible for paying their own legal fees. Unless there are extenuating circumstances that prompt the judge to order it differently. The notion that there is a winner in divorce is relative to the couple divorcing.  However, one spouse being awarded attorney's fees is not usually the case.

Divorce attorneys do not work on a contingent basis. In fact, they are ethically barred from doing so. For their clients, this means that if they want representation, they will have to pay for it. The closest thing to this for someone concerned with legal fees is to offer them a payment plan or other payment options.

If a divorcing couple has a prenuptial agreement with an attorney fee shifting provision in place, the spouse contesting the prenuptial agreement may have to cover the attorney fees. However, the validity of these provisions is questionable from state to state and probably shouldn't be assumed as a watertight agreement.

In some cases, a judge can award reasonable attorney's fees to one spouse. However, their discretion to do so is based on certain factors, one of which is either party's intentional misconduct. If you are facing your own divorce battle and have been told by your spouse that you may be responsible for their legal fees, you may benefit by speaking to a trusted attorney.

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Minutes From Downtown Sacramento

Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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