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Is it Possible to Get Attorney’s Fees For Divorce Proceedings?

In Child Custody, Child Support, Separation & Divorce by Elizabeth Stephenson

It is exceedingly common for a financial imbalance to exist between couples that are divorcing. This can lead to fundamentally unfair situations where the spouse with greater resources can afford to retain an attorney while the other spouse cannot. This can create inequitable outcomes to critical legal issues like child custody, property division, alimony, and child support. To address this imbalance and to offer both sides an opportunity to a just resolution, the legislature has made it possible for a dependent spouse to obtain attorneys fees in certain situations. Post-Separation Support and Alimony — The North Carolina legislature has given the court the discretion to award attorneys fees in alimony and post-separation support suits. This makes logical sense as a spouse who is financially dependent on the other spouse probably …

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Can Courts Award Attorney Fees?

In Child Custody, Child Support, Separation & Divorce by Elizabeth Stephenson

Lawsuits are expensive. There are many costs associated with litigation, which may include filing fees, fees to serve people, witness fees, and expert fees. In addition, there are attorney’s fees, which can vary greatly based on how complex or contentious a case is. Legal proceedings involving divorce and child custody are no exception and can be drawn-out, hard fought battles—which translates into proportionately high attorney fees. An unfortunate truth of divorce and child custody proceedings is that it strains your limited resources. Nowhere is this strain more evident than in alimony and child support proceedings, where a person is literally asking a court to order the other person to pay monetary support. To compound the problem, there may be a significant imbalance in resources between parties, meaning a party with …