How to Be Awarded Attorney Fees in an Ohio Divorce Case

Going through a divorce can be financially taxing, and attorney fees can add up quickly. Fortunately, in Ohio, the court has the authority to order one spouse to pay the other’s attorney fees in certain circumstances. This decision is not automatic; rather, it depends on various factors and specific conditions that must be met. Here’s a guide on how attorney fees might be awarded in an Ohio divorce case and what factors the court considers.

1. Financial Disparity Between Spouses

   
   

   One of the main reasons an Ohio court may award attorney fees is when there’s a significant income or asset disparity between spouses. If one spouse has a much higher income or control over the couple’s assets, the court may order that spouse to pay attorney fees for the other. This can help level the playing field so both parties can access adequate legal representation.

   
   

   Ohio Revised Code § 3105.73 empowers courts to make this decision based on each party’s financial situation. The goal is fairness; if one spouse can’t afford an attorney while the other can, the court may intervene to ensure both parties have equal opportunities in court.

   
   

2. Conduct and Behavior of the Parties

   
   

   In cases where one spouse has unnecessarily prolonged the divorce process or acted in bad faith, the court may award attorney fees as a penalty. Examples of bad-faith actions include repeatedly failing to provide financial documents, filing frivolous motions, or intentionally delaying proceedings. When one party’s behavior directly causes unnecessary legal costs, the court may decide that it’s only fair for them to cover those expenses for the other party.

   
   

3. Ensuring Fairness and Equity

   
   

   Courts also award attorney fees to promote equity and fairness in the divorce process. If one spouse has limited access to marital funds, the court might require the other spouse to pay their legal fees. The idea is that, in a fair divorce process, each spouse should be able to fully participate and protect their rights. This principle is especially important if one party has used financial control to limit the other’s access to resources or prevent them from obtaining effective representation.

How to Request Attorney Fees

If you’re seeking attorney fees in your Ohio divorce case, you will need to request them formally in your filings. Your attorney can help document any financial disparities, bad-faith actions by the other party, or other circumstances that make an award of fees appropriate. Be prepared to provide evidence of your financial need and details showing why the court should grant your request.

Final Thoughts

Attorney fees aren’t awarded automatically in Ohio divorces, but with the right circumstances and a strong case, they can help reduce the financial burden of a divorce. Whether you’re concerned about income disparity, the other party’s conduct, or simple fairness, Ohio law provides a way to pursue financial assistance with your legal fees. Discuss these options with your attorney, who can guide you on whether this approach is feasible in your situation.

Navigating the financial aspects of a divorce is challenging, but understanding your options for attorney fees can make a difference. Consider speaking

with a qualified divorce attorney to learn more about this and other financial relief that may be available to you.