In our more than 30 years of business practicing family law in Lansing and throughout Mid-Michigan, we are often asked if a spouse can be ordered to pay the other’s attorney fees in a divorce case. Usually, Michigan uses the “American Rule” where each party pays for their own lawyer. However, Michigan family law has some exceptions that allow courts to order otherwise in certain circumstances.
Three Exceptions to the “American Rule” in Michigan divorce cases:
- Financial disparity between spouses.
This is the most common basis for attorney fee awards in Lansing and Mid-Michigan divorce cases. In cases where you cannot afford an attorney and your spouse has the financial resources to pay, an Ingham County, Eaton County, or Clinton County court can order your spouse to pay your attorney fees. Your attorney can request this be done during the divorce proceedings or post-judgment motions.
2. Failure to follow a court order.
If your spouse refuses to comply with a court order, such as a parenting time schedule, an order for support, or an order regarding discovery, your attorney would have to spend extra time asking the court to enforce that order. Under this exception, you can request the court to order your spouse to pay your attorney fees for the time spent enforcing the order.
3. Frivolous filings.
“Frivolous” filing means that it is without a legal basis or is intended only to harass. If your spouse files a frivolous motion and your attorney has to spend time responding to or defending against it, you can request the court to order your spouse to reimburse you for those fees.
Are the Fees Reasonable?
When deciding whether to award attorney fees based on the three exceptions, Michigan courts must determine if the requested legal fees are reasonable. Courts consider what services were rendered, whether they were necessary given the circumstances and events of the case, and whether the cost was appropriate.
If you’re going through a divorce in Lansing or anywhere in Mid-Michigan and believe your spouse should help cover your legal fees, the Kronzek Firm can help you understand your options and advocate for a fair outcome. Our aggressive family law attorneys are experienced in all Michigan matrimonial issues, including
- Divorce
- Legal separation
- Establishing child custody arrangements and modifications
- Relocation of the custodial parent
- Choice of schools
- Enforcement of court orders
We can assist clients in Ingham County, Clinton County, Eaton County, Ionia, Jackson, Livingston County, and Mid-Michigan.
📞 Our attorneys have helped thousands of Michigan clients since the last century. You can reach our Lansing office 24/7 at (517) 886-1000.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]