Divorces can take a heavy toll on people. When any aspect of a divorce is contested, it can be mentally and financially draining on the parties involved. In general, most family law attorneys bill their clients on a retainer. This means that the client deposits a flat sum of money with their law firm and the law firm expends from their client’s retainer balance as work is completed on the case.
Sometimes, people simply do not have sufficient funds to pay their attorney and pay for the rest of the expenses in their day-to-day life. This is why requesting attorney fees (when applicable) is important.
How Do I Know if I am Eligible to Receive Attorney’s Fees?
In North Carolina, when an action is brought for alimony, child support, or child custody, attorney fees may be requested. More specifically, in an action for alimony or postseparation support, if the court determines that one of the parties is a dependent spouse, the court may award attorney fees to the dependent spouse if they have acted in good faith and have insufficient means to defray the expenses of litigation.
How Are Attorney’s Fees Requested?
After determining your eligibility to request attorney fees from the other side, a request must be made to the court which is overseeing your case. This can be done through your family law lawyer, via a motion or a pleading. This places the court and the opposing party on notice that you and your attorney are seeking your attorney fees.
Consider setting up a consultation with a family law attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
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