Legal Question in Family Law in Minnesota
Paying for her lawyer
After spending a night in jail for a domestic my wife had issued an OFP. She called me to have me transfer $3000 from an extended line of credit to our checking account so she could get through the next few months. She went out and hired a divorce lawyer the next week and at the first hearing I was ordered to pay the extended line of credit as one of the bills that are divided between us.
My question is I spent money on my lawyer and am paying for her lawyer too. Shouldn't I be able to get her to pay for her own attorney?
1 Answer from Attorneys
Re: Paying for her lawyer
Ultimately your spouse will have to account for any proceeds she has spent. In most case, the property that she has already taken ($3000) will be considered an advance on a later property division.
It is within the discretion of the trial court to require one party to pay for another party's attorney fees. However, to do so, the Court must make specific findings thatt the party so ordered has the ability pay and theat the party recieving is unable to pay for her own financially.
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