During a divorce, concerns about the cost of legal representation and court proceedings often arise.
Under Ohio law, a court can require your spouse to cover some of your legal fees and expenses. This arrangement, however, depends on several factors and the court’s discretion.
Financial resources and needs
When making decisions regarding fee allocation in a divorce, the court assesses the financial situation of both you and your spouse. This evaluation includes your income, assets and ability to pay for the divorce. If there is a significant disparity in financial resources, the court might order the more financially stable spouse to contribute to the legal expenses of the other.
Conduct of the parties
Your behavior during the divorce proceedings can impact the court’s decision. If your or your spouse’s actions have unnecessarily prolonged the process or increased costs, the court might require the responsible party to bear a greater share of the legal expenses.
Complexity of the case
Complex divorces that involve the division of substantial assets can lead to higher legal costs. The average Ohio divorce costs over $9,000 in legal fees, and high-asset couples often end up spending far more. In such situations, the court may consider these increased expenses when allocating attorney’s fees and litigation costs.
Final rulings in court
There is no guarantee the court will order your spouse to pay your legal fees and expenses. The courts assess each case on its own merits, and the final decision rests with the judge’s discretion. If you are going through a divorce, you should discuss the possibility of fee allocation with your legal team. This discussion ensures that you understand your options and the potential financial implications of your divorce proceedings.
In certain situations, your spouse may be responsible for covering your legal fees and expenses in an Ohio divorce. This arrangement helps maintain fairness and equity in managing financial responsibilities during the divorce process.