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.
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