Does each party have to pay their own attorneys fees in a family law or paternity proceeding?
The court can order one party to pay all or some of the other party’s attorney’s fees. The decision will be based on the need of one party for assistance in paying fees and the ability of the other party to contribute toward the fees. The court also has the ability to award or adjust attorney’s fees when it finds that a party has needlessly increased the cost of litigation by stalling, avoiding discovery, or making groundless claims. Generally, if both parties have the same financial ability going into the proceeding, the court will not award attorney’s fees. The court also may deny attorney’s fees if, as a result of the distribution of assets in a divorce, the party seeking fees has received sufficient assets to pay the fees without upsetting the fair distribution of assets.
