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Who Pays Attorney Fees in a Divorce?

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Who Pays Attorney Fees in a Divorce

It’s no secret that a divorce can quickly become an expensive experience. But you shouldn’t let concerns about Denver divorce attorney fees prevent you from taking action if you believe that a divorce would be the best decision for you and the members of your family. In fact, Colorado law recognizes that financial hardships may be a roadblock for some people pursuing a divorce, which is why they have specific laws designed to address this issue. When pursuing a divorce, you have options when it comes to affording the costs.

While you do need to consider the costs of hiring a local divorce attorney, most people who have gone through a divorce will tell you that these fees are certainly worth it in the long run as they can be an important choice for you. Pursuing a divorce without legal counsel can make it more difficult to meet your financial and family goals.

Who Pays Attorney Fees in a Divorce

Handling a divorce case on your own also adds an undue burden during an experience that many say is one of the most challenging times in their lives. That’s why it’s recommended to work with an experienced and compassionate divorce attorney to support you each step of the way.

How Much Does a Denver Divorce Cost on Average?

The cost of a divorce is a critical factor that each individual must take into account. However, you shouldn’t allow potential financial issues to prevent you from making an important decision for yourself and your family.

While each divorce cost will depend on a variety of factors, such as the attorneys, mediators, court fees, and the length of the divorce, common statistics show that the average cost of a Colorado divorce will end up being around $9,000 to $11,000. This cost includes all the fees you may expect, including hiring a divorce attorney, court fees, filing fees, and sundry costs.

But in many ways, the overall cost of your divorce will really come down to you and your spouse. If the spouses pursue an uncontested divorce, then there’s a good chance your overall costs will be much lower as these types of divorces move much quicker.

However, if you pursue a contested divorce wherein both parties cannot come to an agreement on various aspects of the divorce, the process can drag on and quickly become much more expensive than the average.

Who Pays Attorney Fees in a Divorce?

This isn’t always a straightforward question to answer as it depends on a few different factors for the situation. When it comes to paying attorney fees, this answer primarily comes down to the financial resources of each of the spouses. Under official Colorado state law, each spouse is responsible for paying for their own divorce attorney fees.

However, in cases where one spouse may not have the financial resources to do so, the court may order the other spouse to cover these divorce costs. Who pays the fees for each divorce case is always determined on an individual basis. This is just one more reason why it’s so important to hire an experienced divorce attorney who can help you assess the overall costs of your divorce.

What Happens if Someone Can Afford Divorce Attorney Fees?

In some instances of divorce, one spouse may have complete control over the finances in a marriage, such as when one spouse works and the other raises the children. In these unique scenarios, the spouse who is financially dependent on their partner may worry that they could never file for divorce because they simply can’t afford the costs. While it’s no secret that a divorce can become a costly affair, this concern shouldn’t serve as a barrier for individuals seeking a divorce.

These types of situations are why the state of Colorado has “Rose motions.” In a landmark case, the Colorado Court of Appeals determined that a trial court can actually award “prospective” attorney fees. This means that the court can order a spouse with more financial means to give some funds to the other spouse to fund the divorce. These requests are known as Rose motions and are commonly used for individuals who need support during a divorce.

Thus, if you’re filing for a divorce but you do not have the funds to hire a Denver divorce attorney, you can hire an experienced attorney and ask them to file a Rose motion on your behalf. This works to ensure that the hardship of the divorce process is more equitable between the two parties.

Conclusion – Who Pays Attorney Fees in a Divorce?

A divorce is not a cheap process, but for many, it’s still necessary and a critical decision. There’s no simple answer when it comes to who pays the attorney fees for a divorce in the state of Colorado. While attorney fees may be drawn equally from a marital fund, a judge may also take into account the financial situation of each spouse.

In some cases, if one spouse is the primary “breadwinner,” they may be ordered to pay partial or the entirety of legal fees for the entire divorce proceeding. If one spouse is not willing to work with the court, they may then be required to pay the attorney fees. Determining who pays attorney fees in a Denver divorce can be complicated.

That’s why you should never pursue a divorce on your own. Working with an experienced Denver divorce law firm can help you understand your case from a legal perspective and determine what this process might end up costing. Having a team of experts on your side can help you assess your options, set realistic goals, and understand the legal implications of pursuing a divorce. They’ll also negotiate on your behalf in an effort to see that your goals are met.