Counsel Fees

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.

  • “I understand how much your establishment has done for me.”
    I wanted to sincerely express my gratitude and thanks to you and Joey. I cannot tell you how much this has meant to my family and me. In the very beginning I was so scared and wasn’t sure how things were going to play out. Joey is very special, she went over and beyond assisting to my needs and continues still. I understand how much your establishment has done for me. Thanks, Jeffrey and Joey.
    - S.R.
  • “I’m always very appreciative of the work you do to help me to win this case.”
    Thank you for all you have done so far. I’m always very appreciative of the work you do to help me to win this case.
    - S.S.
  • “Without her in my world, I am not sure where I would be today. I do know I am in a much better world because of her!”
    Thank you for being so kind and understanding over the past few years while Joey handled my divorce. I appreciate all you and Joey have done for me, as a matter of fact, Joey has been and always will be my “My Rock”! She has an extraordinary handle on me, she has kept me grounded, sane, professional, informed, educated and taught me the importance to handle the marital conflicts with the utmost maturity, and kept me out of trouble with any frivolous charges my ex may have tried to put me in. I owe it all to Joey!!! Without her in my world, I am not sure where I would be today. I do know I am in a much better world because of her!!!
    - P.B.
  • “I always knew you had my back and that was so reassuring for me.”
    I can’t thank you enough for your support and help during this time. I always knew you had my back and that was so reassuring for me. I can’t say how pleased I am by only words. You made this process easier for me.
    - M.A.
  • “I am so grateful for your help”
    Thank you so much for your time, strength, knowledge and kindness. I just finished reading the motion you submitted. I am so grateful for your help. You did such an incredible job.It was terrific and I really appreciate all you have done. Wishing you all the best and hope you and your family are feeling and doing well.
  • “Great Lawyer-Joey is smart and very calm”
    Great Lawyer-Joey is smart and very calm. She is super professional and is very detail oriented and honest. I highly recommend her.
  • “Excellent Attorney!!”
    Excellent Attorney!! I highly recommend Attorney Michaels. She is sharp and prepares well for court. I was glad to have her on my side as she fought off the numerous and unfounded attacks of my ex with vigor and expertise.
  • “Thanks for your really hard work and support”
    Thanks for your really hard work and support, most of all, your compassion.
    - Allison

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!

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