Results 1 to 4 of 4
  1. #1
    Join Date
    May 2018
    Posts
    1

    Default When Are Attorney Fees Awarded After a Divorce in Texas

    My question involves a marriage in the state of: Texas

    My daughter (Respondent) and her husband (Petitioner) are going through a divorce. He is the bread winner, she is in college with no income. He wants the to be quick and quiet, and has agreed to give her a cash settlement to ensure she cooperates with the proceedings, but in the Original Petition for Divorce he had drawn up by his attorney are two sections I'm concerned with.

    11. Attorney's Fees, Expenses, Costs, and Interest
    It was necessary for Petitioner to secure the services of *********, and the law office of *******| ***** & ASSOCIATES, LLC, licensed attorneys, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Respondent and in favor of Petitioner for the use and benefit of Petitioner's attorney; or, in the alternative, Petitioner requests that reasonable attorney's fees, expenses, and costs through trial and appeal be taxed as costs and be ordered paid directly to Petitioner's attorney, who may enforce the order in the attorney's own name. Petitioner requests postjudgment interest as allowed by law.
    12. Prayer
    Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition. Petitioner prays for attorney's fees, expenses, and costs as requested above. Petitioner prays for general relief.

    QUESTION: Is he trying to get the judge to make her to pay his attorney fees? If so, that would probably use up most, if not all, of the settlement fee he 'generously' offered. Can anyone please interpret the two sections above into normal English for me?

    Thanks,
    Glen

  2. #2
    Join Date
    Oct 2006
    Posts
    14,106

    Default Re: When Are Attorney Fees Awarded After a Divorce in Texas

    Quote Quoting Glendor
    View Post
    My question involves a marriage in the state of: Texas

    My daughter (Respondent) and her husband (Petitioner) are going through a divorce. He is the bread winner, she is in college with no income. He wants the to be quick and quiet, and has agreed to give her a cash settlement to ensure she cooperates with the proceedings, but in the Original Petition for Divorce he had drawn up by his attorney are two sections I'm concerned with.

    11. Attorney's Fees, Expenses, Costs, and Interest
    It was necessary for Petitioner to secure the services of *********, and the law office of *******| ***** & ASSOCIATES, LLC, licensed attorneys, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Respondent and in favor of Petitioner for the use and benefit of Petitioner's attorney; or, in the alternative, Petitioner requests that reasonable attorney's fees, expenses, and costs through trial and appeal be taxed as costs and be ordered paid directly to Petitioner's attorney, who may enforce the order in the attorney's own name. Petitioner requests postjudgment interest as allowed by law.
    12. Prayer
    Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition. Petitioner prays for attorney's fees, expenses, and costs as requested above. Petitioner prays for general relief.

    QUESTION: Is he trying to get the judge to make her to pay his attorney fees? If so, that would probably use up most, if not all, of the settlement fee he 'generously' offered. Can anyone please interpret the two sections above into normal English for me?

    Thanks,
    Glen
    It appears that you have understood it correctly. Looks like its time for your daughter to lawyer up.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,035

    Default Re: When Are Attorney Fees Awarded After a Divorce in Texas

    A complaint or petition for divorce will very often include pro forma, boilerplate language requesting attorney fees, whether or not the party actually expects to receive them, because the general rule is that if you don't ask, you won't get.

    When one spouse in a divorce case is married and the other is not, it makes sense for the unmarried spouse to get a lawyer. It isn't that it couldn't happen, but takes a lot of trust to count on the spouse who is divorcing you and that spouse's lawyer to be giving you a fair deal.

    If the goal is to settle, she can decline any settlement that she regards as unfair. I think it's fair to say that it is obvious that she would decline a settlement offer in which her ex- didn't pay his own legal fees and costs.

  4. #4
    Join Date
    Jun 2010
    Posts
    530

    Default Re: When Are Attorney Fees Awarded After a Divorce in Texas

    Quote Quoting Mr. Knowitall
    View Post
    A complaint or petition for divorce will very often include pro forma, boilerplate language requesting attorney fees, whether or not the party actually expects to receive them, because the general rule is that if you don't ask, you won't get.

    When one spouse in a divorce case is married and the other is not, it makes sense for the unmarried spouse to get a lawyer. It isn't that it couldn't happen, but takes a lot of trust to count on the spouse who is divorcing you and that spouse's lawyer to be giving you a fair deal.

    If the goal is to settle, she can decline any settlement that she regards as unfair. I think it's fair to say that it is obvious that she would decline a settlement offer in which her ex- didn't pay his own legal fees and costs.
    Okay, I'm now really confused. If they're getting divorced, aren't they both spouses, both married?

    1. Sponsored Links
       

Similar Threads

  1. Collection and Enforcement: Attorney Fees Awarded During Custody Case
    By imkidykat in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 04-09-2015, 03:59 PM
  2. Enforcement of Judgments: Divorce Judgement Awarded Attorney Fees to My Ex-Spouse
    By Brokebutnot broken in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 09-08-2012, 09:27 AM
  3. Sanctions: When Can You Be Awarded Court Costs and Attorney Fees
    By lawlessland in forum Civil Procedure
    Replies: 4
    Last Post: 02-01-2012, 07:07 PM
  4. Replies: 6
    Last Post: 12-16-2011, 12:58 PM
  5. Can Attorney Fees Be Awarded in a Custody Dispute
    By lookingforanswers77 in forum Child Custody, Support and Visitation
    Replies: 8
    Last Post: 11-14-2010, 02:34 PM
 
 
Sponsored Links

Legal Help, Information and Resources