The stressors related to divorce are difficult to overstate, and your mounting legal fees are probably not the least of it. If your spouse is doing everything he or she can to make your divorce that much more contentious, you may feel like there is no end in sight. Further, in order to continue to fight for your rights, you are likely to experience considerable legal fees.
In such a situation, you may be tempted to simply walk away with whatever you can get, but this is unlikely to be in your best interest. The fact is that, if your ex is playing dirty, the court may well determine that he or she is responsible for the legal fees you incurred in the process. Consult with an experienced Central Texas divorce attorney today.
When it comes to divorce, Texas is a community property state. This means that both of your incomes, your retirement plans, and your bank accounts are presumed by the court to belong to your joint estate as a couple. If, however, in the course of your divorce, you are locked out of any of these resources, you may feel as if you have no financial recourse and no means for obtaining the professional legal counsel you need.
The court understands your predicament, and there is a legal mechanism to order your spouse to cover your legal expenses. The court’s objective in such situations is to ensure the preservation of marital property and the protection of the parties. In other words, the court understands that if you cannot afford to legally defend your “just and right” portion of the marital property, your rights are likely to be trampled.
Temporary Orders Hearing
If your spouse is preventing you from accessing the funds you need to pay for legal representation, a temporary orders hearing requesting that he or she cover your legal expenses is the likely next step. There are a variety of reasons that the court may so order:
If there is a significant disparity between your earnings
If you have no earnings
If your spouse has engaged in unjust behaviors, including selling community property and/or blocking you from joint accounts
The most expensive divorces – other than high-asset divorces – are those in which one spouse is willing to play dirty and to force the other spouse to fight back. These contentious divorces are often the most stressful of all, but working closely with a dedicated Central Texas divorce lawyer can help.