Counsel Fees
Regarding the payment of counsel fees, much depends on the parties’ financial circumstances. Courts seek to “level the playing field” when it comes to counsel fees so that neither party has an advantage by virtue of his/her ability to finance the litigation. Therefore, courts will usually award counsel fees to the less affluent spouse.
At the end of the case, in making a final award of fees, courts will look to various factors, including whether a party unnecessarily caused counsel fees to increase by stonewalling and whether a spouse was improvident in rejecting appropriate settlement offers in favor of fruitless and costly litigation. It’s important that your attorney knows the difference between zealous and aggressive representation and that which seeks to scorch the earth. We do. Understanding that difference can make a significant difference in whether you receive or have to pay an award of counsel fees.