Fees for Fairness

Many litigants in divorce or family law cases choose not to hire lawyers because of the costs. If you are a stay at home spouse or even if you work full time but your spouse makes significantly more, you should not let the lack of financial resources stop you from considering getting a lawyer.

In the recent unpublished decision of Ghrayeb v. Abusood ( you can read the decision here: http://www.judiciary.state.nj.us/attorneys/assets/opinions/appellate/unpublished/a4570-15.pdf ) , the Appellate Decision found that, a Judge’s decision to award attorneys fees because of the significant difference between the parties’ incomes was proper. The Appellate Court noted that when parties are in unequal financial positions, fees are generally awarded to allow both to litigate on “equal footing”.

A Court has the ability to make one spouse pay or give funds to pay for the legal fees of the other so that both parties can have an equal chance to know their rights and advocate for those rights. If you are thinking of separating or divorcing, your spouse’s significant financial advantage may be to your advantage as well. Contact a lawyer to discuss your rights and if you can ask for “Fees for Fairness”.

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