A Short Guide for Oakland and Macomb and Livingston County Residents
As a family law firm practicing in and around the Oakland County area, a common question our divorce attorneys have been asked over the years is whether a spouse can be ordered to pay the other’s attorney fees. The “American Rule” requires each spouse to pay their own attorney fees. That’s what happens in most court actions here in Michigan. But, depending on the circumstances surrounding your case, you may be able to request that your spouse pay some or all of your attorney fees.
Here is some information about these exceptions in Michigan divorce cases.
My Spouse Makes More Money Than Me
The financial disparity exception requires you to prove two things. 1) You do not have the financial resources to pay for your attorney, and 2) your spouse does have the financial ability to pay your lawyer fees. This is especially relevant in cases where one spouse has been the primary breadwinner, and the other spouse cannot work, makes much less income or has limited resources.
In Oakland County, courts frequently address this issue during divorce proceedings and even in post-judgment motions. Suppose you’re struggling to afford an attorney. In that case, it’s important to discuss this fee-shifting possibility with your attorney early in the case to ensure you can access the legal representation you need.
My Spouse Disobeyed a Court Order
If your spouse failed to comply with an existing court order, the court may order them to pay your attorney fees related to enforcing the order. In these situations, your attorney can take additional steps to enforce these orders, such as filing motions to compel compliance or attending hearings to address noncompliance, which increases your bill.
Family Courts in and around Metro Detroit and Oakland County are generally willing to order your spouse to pay for those extra fees when their actions unnecessarily prolong the process and force you to bear additional legal expenses to enforce the court’s orders.
My Spouse has filed a False Motion Against Me
Motions or actions that are false, legally groundless, or intended solely to harass or delay the proceedings are called frivolous filings. Frivolous filings are prohibited under our Michigan court rules. If your spouse files a frivolous motion or action against you and you are forced to either incur increased fees from your attorney or hire an attorney to respond or defend against it, the court may require them to reimburse you. Note that the court might not order your spouse to pay all of your attorney fees. Michigan courts will only order your spouse to pay for the costs associated with their frivolous motion or action.
My Spouse Claims My Attorney Fees aren’t Reasonable
When a Michigan court orders attorney fees, it must first determine the reasonableness of the fees incurred. The court will review 1) what services were actually performed by your attorney, 2) if the services provided were necessary under the circumstances of the case, and 3) whether the fees charged are consistent with typical legal rates. This is necessary to prevent anyone from inflating their legal fees in an attempt to make a spouse pay more than what is reasonable.
Consult with a Family Law Attorney in Oakland County
Suppose you’re facing a divorce or other family law matter in Farmington Hills, Birmingham, Novi, Bloomfield, Troy, or anywhere in Oakland County. It’s essential to understand when to request attorney fees. At The Kronzek Firm, our experienced family law attorneys can help you navigate complex issues, including:
- Divorce
- Legal separation
- Establishing child custody arrangements and modifications
- Relocation of the custodial parent
- Choice of schools
- Enforcement of court orders
We are available to assist clients in throughout Oakland County and surrounding areas.
📞 Our attorneys have helped thousands of Michigan clients for over 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]