Colorado Springs Divorce - Attorney Fees

Awarding of attorney's fees in Colorado Springs

In order to ensure that neither party is at a disadvantage in a divorce proceeding, sometimes the court will find it necessary to equalize the financial resources of one spouse relative to the other. One way of doing this is to make one pay the attorney's fees for the other who can't afford to do so.

This is a very important and substantive aspect of a divorce action in Colorado Springs. Unlike other cases where attorney fees are awarded based on the merits of the case, in a divorce proceeding, fees are awarded on the basis of (among others) ability to pay since the only grounds for divorce in Colorado springs is irretrievable breakdown. For this reason, it's critical to engage the services of a Colorado Springs divorce attorney who will be able to present the facts of the case cogently before the court.

Conditions for payment

Under section 119 of Title 14, Article 10 of the Colorado Revised statutes, for the court to award attorney's fees to one spouse it must be proved that the receiving party can't pay for the divorce litigation and support themselves at the same time. It must also be shown that the other spouse can afford to pay the amount that is required.

The court can require either party to pay prospective attorney's fees in advance during a divorce proceeding. The court will have the necessary jurisdiction if it also has the power to decide alimony and division of property. The payment of attorney's fees can also be necessitated if there are litigation proceedings relating to the pending divorce even during the marriage.

It's interesting to note that a prenuptial or an antenuptial agreement where either party agrees to waive attorney's fees in case of divorce can be declared invalid on the grounds of being unconscionable.

Hiring a divorce attorney

The hearing for awarding attorney's fees is a distinct and separate aspect of the dissolution of marriage process just like alimony and division of property. There are different considerations that the court will weigh which are distinct from those used for other procedings. For this reason, you must hire a competent Colorado Springs divorce attorney who will be able to handle your case expertly and put your point across in a manner consistent with the law and which the court will understand to be relevant. Contact us for a free initial consultation.