Attorney Fees and Costs in Florida Family Law Cases
Florida Law provides for either party to request attorney fees and costs from the other in all types of Marital and Family Law cases. Fees can be requested on a temporary basis (pending litigation), as well as in full or in part upon the conclusion of the matter. In Divorce cases specifically, attorney fees and costs are the very last issue a court will address.
Need Versus Ability To Pay
When requesting attorney fees from an opposing party in a Marital or Family Law matter, the court will perform essentially the same need versus ability to pay analysis as it does in a request for alimony. As there, the totality of the parties’ financial positions is taken into account, including pre-and non-marital assets. Attorney Gerard V. Muriello can perform a preliminary analysis for you at an initial consultation.
Attorney Fees in Contempt/Enforcement Actions
When a party willfully violates a provision of any court order, an action for Contempt or Enforcement may be brought against them. In such cases, a party found by the court to have done so may be ordered to pay the other party’s attorney fees and costs associated with bringing the action, based solely on their wrongdoing. Florida Law does provide, however, that the party found to have willfully violated a provision of a court order is barred from receiving attorney fees and costs from the party bringing the action.
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