Recovery of Attorneys’ Fees

divorce is emotionally and financially draining. Many people delay the decision about divorce because they feel they will not able to pay the fees associated with a divorce. It is important to realize that in some cases, a divorce attorney can help you recover money for attorney fees from the other spouse. However, a spouse that wishes a divorce must also be aware that, absent a pre-nuptual agreement, the funds on hand with the family belong to both parties. A wife sometimes is confused about this point,  especially if the husband has complete control over the couple’s finances and has separate bank accounts.


In some cases, the court will grant a family member reimbursement for attorney’s fees or order the other spouse to pay attorney’s fees.  One spouse should not be able to afford excellent legal service while the other is unable to obtain a similar level of representation. However, attorney’s fees must be properly requested. This can be done in the original divorce filing and in the request for Temporary Orders.

In the situation where a spouse is forced to file a Motion for Contempt for failure of the other spouse to abide by the terms of Temporary Orders, or a divorce decree, the spouse may also request attorney’s fees. In the event that a spouse is held in contempt, attorney’s fees are often awarded. (A new amendment to Texas Law will allow attorney’s fees to be awarded even in the case where contempt is not found.)

Many people fear that a lawyer will be too expensive and don’t take the time to find out if their fear is justified. The reality is that a good, experience and caring lawyer may not be as expensive as you think. We offer free consultations at Chernoff Law. We will be happy to patiently listen to your situation and give you a fair estimate of what a lawsuit would cost you.

A skilled attorney from our firm may be able to provide you the means to afford an attorney with the award of attorney fees, or with reimbursement.  We have helped countless clients, and we want you to have the representation you deserve. If your spouse is able to afford quality representation that you feel you cannot afford, please speak with our committed legal team today. Call us today so that we can discuss your situation and advise you on your best course of action.