Fort Mill Attorney Fees and Divorce

The family court can grant one party attorney fees in a divorce case. Whether a court can grant Fort Mill attorney fees depends on several factors. Conits v. Conits is a case that shows us how a court decides whether to grant attorney’s fees.

The Facts of the Matter

Wife and Husband married in Greece in 1985. Husband was 33-years-old. Wife was 21-years-old. They had three children. Wife never had a paying job, but sometimes worked without pay as needed at Husband’s restaurants. She was a traditional stay-at-home mom throughout the marriage. Wife filed for divorce, seeking equitable distribution, temporary support, and attorney’s fees. The court granted the divorce and ordered Husband to pay Wife’s attorney’s fees. So, Husband appealed.

Then, the Court of Appeals affirmed the family court’s orders. Most of Husband’s appeal focused on the family court’s decisions about marital property and equitable distribution. The court found no fault in the family court’s decisions regarding the marital property. Further, the court agreed that attorney fees were appropriate in this case. The court gave the 4 factors that inform a decision to grant Fort Mill attorney fees. First, the ability of each party to pay his or her fees. Second, the beneficial results obtained. Third, the financial conditions of the parties. And fourth, the effect a fee award will have on each party’s standard of living.

Because Husband was wealthy and could afford the cost of attorney’s fees, while Wife had no job or income, the court granted Wife attorney fees. Furthermore, Husband admitted to lying during deposition. Also, he did nothing to avoid litigation. Thus, the award of attorney fees was okay.

Covering the Cost of Litigation

Attorneys can be expensive. This is especially true if your divorce case is complicated and lasts a long time. In certain circumstances though, a judge may ask the other party to pay your Fort Mill attorney fees. However, the benefits of a lawyer far outweigh the cost. Sometimes, you do not even pay the cost.

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