Legal Question in Family Law in Nevada
I have a prenuptial agreement that precludes attorney fees either pre-trial or after. Can a judge legally award attorney fees and over-rule that part of the agreement on alleged disparred income between the parties regarding child custody issues, when there is no proof before the court of the disparred income? In fact, the evidence shows disparred income in favor of the wife who not only had 1 attorney but went ahead and hired a second one when the husband has no representation.
1 Answer from Attorneys
I have recently done some research on this question. The answer, in Nevada, is "maybe."
There is California authority for the proposition that while parties remain married, no agreement can prohibit a court from awarding interim fees (fee awards at the end of a case may analyze differently) but the proposition has never been tested in the Nevada Supreme Court.
I suggest you take a look at the resources posted throughout my law firm's website, starting with http://www.willicklawgroup.com/premarital_postnuptial_separation_marital_settlement. It may answer many questions.
But you may want to consider a consultation with a qualified family law specialist; most folks that try to go in on their own have rings run around them by lawyers used to being in court. Be careful. If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
