Legal Question in Family Law in New Jersey

Re: Divorce spouse to pay my fees

Thank you for your e-mail. Family Part judges have broad discretion in making their decisions. As you have not indicated the financial circumstances of either yourself or your wife, it is difficult for me to give an opinion as to your question. Respective finances as well as the amount of support and equitable distribution must always be considered in any application for counsel fees. There is no rule either way. You should discuss your question with independent counsel. Do not rely on any advise provided herein; no attorney/client relationship has been created. Good luck to you! K.Scheiner, Esq.

Re: Divorce spouse to pay my fees

Courts do not assess fees based on fault, in the sense that the Court does not care whose "fault" it was that the marriage ended. Further, with only minor exceptions, the concept of "fault" will not impact on the financial division of property or on custody issues. Accordingly, I doubt that you will get fees based on the fact that she may have caused the end of your marriage. On the other hand, there may be other factors that would mitigate toward the payment of fees. But an attorney would need more facts before that question could be answered. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me and mention LawGuru, your first one hour consultation is free. Good luck! Rob Gleaner [856-546-8010]