One reality of divorce, is that it can be quite costly. From court fees, to paying for good legal representation— the whole process can put a good bit of stress on your pockets. Sometimes, attorney fees can become part of the settlement you receive, and other times they are entirely up to you to pay.
Because of this, you might consider taking a cheaper route, or attempting to go without. But, the reality of good legal representation is this: it costs money. While dishing out a large portion of your money is not ideal, it’s important to think of it as securing your assets and a prosperous future post-divorce…
Attorney Fees: A Costly, Yet Vital Divorce Expense
How are fees calculated?
South Carolina family courts use a four-factor based test to determine who pays attorney fees: The first factor is the financial condition of the parties. Basically, how financially stable are the two parties seeking divorce? The second factor, is each party’s ability to pay those fees. The third factor directly relates with the second factor: how will fees affect each party’s standard of living? Finally, the fourth factor is the beneficial results obtained by the attorney.
The Facts of Your Case Will Determine Your Fee Award
As you can see, these factors are very much economically-based. Therefore, it’s important to disclose honest, detailed facts about your financial situation to your attorney. That way, a judge can more easily decide how to award attorney fees (or to even award them at all).
What about an at-fault spouse?
As you can see from above, “fault” isn’t one of the factors. However, “fault” is always a behind-the-scenes factor. Generally, judges tend to award these fees against parties that are at-fault for the divorce. In addition, judges also look down on parties that behave poorly during divorces. Parties that unnecessarily argue or face contempt of court generally tend to pay attorney’s fees depending on the extent of the contempt and the attjudge.
In conclusion, attorney fees are a real concern for people in a divorce. They’re costly, and often, when you agree to them— you aren’t sure who they will fall on. But, it’s important to remember their significance in helping you form a strong case.
