My Spouse Has Control Of Our Bank Accounts. How Do I Pay An Attorney?

One of the biggest concerns for clients is often how they will pay for an attorney. This is an especially important factor for a lesser-earning spouse, who may feel trapped financially.

Colorado law allows a trial court to order one party to pay the other spouse’s attorneys’ fees and court costs as part of a dissolution of marriage. The purpose of the statute is to prevent a higher-earning spouse from gaining an advantage over the other spouse, or preventing that spouse from filing for dissolution or legal separation.

The court must consider the financial resources of both parties before making such an order. Additionally, the attorneys’ fees incurred must be reasonable.

Typically, an award of attorneys’ fees is made at the permanent orders hearing. The party seeking payment of their fees is required to submit a bill of costs, listing all fees and costs incurred during the action. If the other side objects to the amount of the fees, a hearing will be held.

However, there are times when a spouse does not have access to any funds during the course of the divorce. In 2006, the Colorado Court of Appeals addressed this very issue. A court can now award attorneys’ fees in advance of permanent orders. The initial award of attorneys’ fees may be reapportioned at permanent orders.

If your spouse cannot afford to pay your attorneys' fees, you should also consider "unbundled" legal services.

The attorneys’ fees statute is a great tool for ensuring that both spouses have access to representation during a divorce. Call Katelyn today if you have questions about attorneys’ fees.