Can I make my spouse pay for my divorce attorney?

Sometimes, yes. In some instances, the court has discretion over whether to award attorneys’ fees against a party. In other instances, the court shall award attorneys’ fees against a party, as when a petition wasn’t filed in good faith or wasn’t grounded in fact or law. Fees are more likely to be awarded if a petition was filed for some improper purpose, such as to delay or simply increase the cost of litigation, if a party maintains an unreasonable position, or there is a great disparity in the parties’ incomes.

To learn more about fee awards, read our article on Attorneys’ Fees and Cost Awards in Divorce.

About Scott David Stewart

Scott Stewart has written 443 posts in this blog.

Prior to forming the family Law Offices of Scott David Stewart, Mr. Stewart worked as a Deputy County Attorney for the Maricopa County Attorney’s Office as a felony prosecutor. Mr. Stewart now helps Arizona citizens with divorce and family law matters.



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