Arons & Solomon Divorce Lawyers | May 7, 2025 | Divorce in Hackensack, NJ
Divorce proceedings can be emotionally taxing and financially burdensome. In New Jersey, while the general rule is that each party bears their own legal costs, there are circumstances where a court may order one spouse to pay the other’s attorney fees. Understanding these exceptions is crucial for anyone navigating a divorce in the Garden State.
The General Rule States That Each Party Pays Their Own Fees
Typically, New Jersey courts expect each spouse to cover their own attorney fees during a divorce. This principle aligns with the idea that both parties should have equal responsibility in managing their legal expenses. However, the court has discretion to deviate from this standard when fairness and justice require it.
When May a Court Order One Spouse to Pay the Other’s Attorney Fees?
Under New Jersey Court Rule 5:3-5(c), judges consider several factors when deciding whether to award attorney fees to one party:
Financial Disparity Between Spouses
If there is a significant difference in income or assets, the court may require the wealthier spouse to contribute to the other’s legal fees to ensure both parties have access to competent representation.
Bad Faith Conduct
Should a spouse engage in misconduct, such as hiding assets, filing frivolous motions, or intentionally delaying proceedings, the court may penalize this behavior by ordering them to pay the other party’s attorney fees.
Non-Compliance with Court Orders
Failure to adhere to court mandates, such as failing to provide required documents or violating custody arrangements, can result in an order to pay the opposing party’s legal costs.
Domestic Abuse Situations
In cases involving domestic violence, courts may order the abusive spouse to cover the legal expenses of the victim to facilitate access to justice.
Pendente Lite Awards
During ongoing divorce proceedings, known as pendente lite, a judge might grant temporary attorney fee awards to ensure both parties can adequately participate in the process.
New Jersey courts prioritize fairness and equity when awarding attorney fees. The goal is not to punish but to ensure a just and balanced legal process.
Determining the Amount of Attorney Fees
When awarding attorney fees, Bergen County, NJ, courts assess:
- Each party’s financial circumstances and ability to pay
- The reasonableness and necessity of the legal fees incurred
- The results obtained by each party in the case
- Any previous awards of attorney fees
- The degree to which fees were incurred to enforce existing orders or compel discovery
Courts aim to ensure that fee awards reflect both parties’ financial realities and conduct.
Practical Steps for Seeking Attorney Fees in New Jersey
If you believe your ex-spouse should cover your attorney fees, consider taking the following steps:
Consult With Your Attorney
Discuss the specifics of your case to evaluate the likelihood of obtaining a fee award.
File a Motion
Your lawyer can file a formal request, known as a motion, with the court, outlining the reasons for the fee award.
Provide Evidence
Be prepared to present documentation supporting your financial need and any misconduct by your ex-spouse.
Attend Hearings
You may need to attend court hearings where both parties can present their arguments regarding the fee request.
Taking these proactive steps can strengthen your case and increase the court’s likelihood of granting your request for attorney fees.
The Bottom Line on Attorney Fees in New Jersey Divorce Cases
While the default position in New Jersey divorces is for each party to pay their own attorney fees, courts have the discretion to order one spouse to pay the other’s legal costs under certain conditions. Several factors play a significant role in these decisions. If you are facing a divorce and are concerned about legal expenses, consulting with an experienced family law attorney who can guide you through the process and advocate for your interests is crucial.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States