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  1. #1

    Exclamation Reimbursement of Your Ex's Attorney Fees in a Divorce Case

    My question involves a marriage in the state of: NJ

    FACTS: Attorney for "losing" party is seeking attorney's fees WELL beyond the recovery for his client.

    QUESTION: Is there any authority limiting attorney's fees in divorce cases? It just seems unconscionable to allow for this kind of fee award.

    Any insights would be much appreciated.

  2. #2
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    Default Re: Reimbursement of Your Ex's Attorney Fees in a Divorce Case

    Attorney fees will not ordinarily be awarded in a divorce case absent unusual circumstances, the most common being that the spouse seeking the attorney fees has few resources as compared to the spouse who has been requested to pay, or that the spouse against whom the demand is made has acted in bad faith during the trial of a contested divorce case.

    The attorney fees will be based upon the work the attorney performed. It may well be that they are large as compared to the marital estate. That's irrelevant to the question of whether, for example, their award to your ex- would be an appropriate sanction based upon the manner in which you conducted yourself during the litigation.

    The rest depends upon the facts and the nature of the request.

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