Divorce Attorney Counsel Fees

Entitlement to an award of legal fees has become a significant issue between spouses in many divorces in Long Island, the city of New York, & Westchester County. In October 2010, the law in New York changed to include a rebuttable presumption - an assumption made by the court - that the monied spouse should be responsible for an award of counsel fees on behalf of the less-wealthy spouse. This law was passed as an amendment to the New York State Domestic Relations Law for the purpose of providing a level playing field to make it easier for the non-monied spouse to compel the wealthy spouse to pay counsel fees on his or her behalf.

In a marriage, money is considered to belong to both spouses - not one vs. the other. Counsel fees are awarded for the benefit of each party during the matrimonial proceeding. Equity requires each spouse to be free of dominance over their economic status, and case decisions are made based on merit as opposed to the difference between bank accounts. Other expenses that can be obtained from one spouse include accountant's fees, appraisal fees, investigative fees, and other expert fees. If a spouse has violated a court order because he or she has failed to pay a sum of money, the court will then make an award of counsel fees.

Factors that the Court Considers

When an application is made for counsel fees, the court takes into consideration several different factors, such as the complexity of the litigation, the financial circumstances of each individual, and the nature of the legal services. The divorce lawyer you retain can also make a significant impact on your case. Experienced attorneys from Jeffrey S. Schecter & Associates, P.C. can effectively handle your case and protect your rights. We have handled a variety of cases involving counsel fees and can ensure that this situation is settled in a fair manner.

We believe that every case is important and must be treated as a high priority. If your spouse makes more than you, we will discuss how counsel fees can play a part in your case. If you have a high net worth and are concerned about protecting your assets, then we will aggressively pursue an evaluation of the case that results in a fair and favorable outcome. As your divorce lawyers, we have the ability to help you obtain the financial stability you need during this time. Contact us today to learn more!