In Texas divorce cases, one of the critical concerns is how legal fees are managed, especially when one spouse has control of the marital assets. Fortunately, Texas family law provides a mechanism to ensure that both parties have fair access to legal representation. Under certain circumstances, the spouse with control over the assets may be required to pay the other party’s attorney fees. This provision can help "level the playing field" and give both parties the resources needed to navigate the divorce process.
Temporary Orders and Attorney’s Fees
Early in a divorce case, a judge will often enter what is known as a "temporary order." Temporary orders can cover a wide range of issues, from child custody and support to financial obligations. One of the most impactful aspects of these orders is the ability for the court to require the party controlling the assets to pay or contribute to the other party’s attorney fees.
Why is this important? Divorce proceedings can be financially taxing, and when one party controls most, if not all, of the marital assets, the other party may find themselves at a significant disadvantage. By ordering the party in control of the assets to help cover the other spouse’s attorney fees, the court can help ensure that both parties have equitable access to legal representation.
"Equalizing" Attorney Fees
In addition to awarding attorney fees, Texas courts may order what is known as an “equalization” of fees. This approach requires that whenever the controlling party makes a payment to their own attorney, they must make an equivalent payment to the other party's attorney. This practice not only facilitates fair representation but also helps avoid situations where one party might attempt to exhaust marital resources in their own legal representation, leaving the other without the means to continue.
How Courts Determine Attorney Fee Awards
Not every divorce case will result in one party being ordered to pay the other’s legal fees. Generally, the court will consider several factors, such as:
Access to Resources: If one spouse lacks access to funds or income, while the other controls the marital assets, an award of attorney fees is more likely.
Needs and Ability to Pay: Courts will assess each party's financial situation to determine whether one party genuinely needs assistance to cover their attorney fees.
Case Complexity: In cases involving significant property, also called High Net-Worth Divorces, or custody disputes, attorney fees can escalate quickly, making fee awards more common to ensure both parties have fair representation.
Final Thoughts
The Texas family court system aims to promote fairness throughout the divorce process. If one party holds the financial upper hand, the law provides tools to ensure that both spouses can afford legal counsel. This approach reinforces a fairer process and helps each party present their case fully and effectively.
If you are considering or currently going through a divorce in Texas and have questions about how attorney fees might be handled in your case, contact us at Coker, Robb & Cannon to consult with an experienced family lawyer about your options. We’re here to help guide you through each step and ensure your rights are protected throughout the process.