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Who Pays Attorney Fees in Divorce?

In Northern Kentucky each party generally pays his/her own attorney fees.  Often the payment of legal fees is accounted for in the final settlement agreement, known as the Property Settlement Agreement or Dissolution Settlement Agreement.  In a dissolution, Kentucky Revised Statutes §403.220 outlines how the court should analyze division of legal fees and expenses.

 403.220 - Costs of action and attorney's fees.
The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name.

Many times the legal fees are addressed only at the end of an agreement, usually with "each to pay his/her own legal fees."  This should be discussed between the attorney and client prior to any settlement.  The legal contract for services between the attorney and client spells out that only the client is ultimately responsible, regardless of court rulings.  Attorney fees are much more often awarded in contempt of court actions, where one party is at-fault and responsible for having to return to court. If you need a consultation for legal representation in divorce/dissolution in Northern Kentucky, contact Michael Bouldin at [email protected] or call 581-MIKE; 859-581-6453.

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