In a Massachusetts Divorce, Who Pays the Attorney Fees?

| Sep 9, 2016 | Divorce |

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A Massachusetts divorce has many costs, not the least of which are the attorney fees incurred by each party. But it’s not always the incurring party who has to foot his or her attorney’s bills.

A party without the financial ability to hire an attorney can ask the court to order the other party to pay a reasonable amount to allow the unrepresented party to retain counsel.

This is intended to ensure equal access to the courts. In ordering a party to foot the bill for the other party’s attorney fees, the court focuses on the following:

  • The relative circumstances of the parties,
  • The conduct of a party or an attorney that frustrates the policy of the law to promote settlement and encourage cooperation, and
  • Any bad faith actions or tactics.

Any time before trial, either party may seek to have the court determine the equitable allocation of attorney fees between the parties by filing a noticed motion. 

Should you be in the midst of a divorce or contemplating divorce, contact the Law Offices of Renee Lazar either through email or telephone 978-844-4095 to schedule a FREE one hour no obligation consultation.

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