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
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!