Do I Have To Pay My Spouse's Court Costs Or Attorney's Fees In A Pasco County, Florida Divorce?
In general, each party is responsible for his or her own attorney’s fees. The attorney’s fees can be significant, especially if the divorce is a contested one with a lot of issues to be ruled on by the courts. However, the court does have the power to award one spouse to pay the reasonable attorneys’ fees and costs of the other spouse.
The award of attorneys’ fees is completely within the discretion of the court. Neither spouse should count on receiving an award of attorneys’ fees, and should plan on paying the fees himself or herself. Most divorce attorneys require that the client pay a retainer up front before even taking the case, because otherwise payment can’t always be guaranteed. In addition, the client must pay court costs in Pasco County & Hernando County.
Many clients believe that they can pay their attorney a percentage of the amount recovered, which is called a contingency fee. However, in Florida it’s illegal for attorneys to work on a contingency fee basis. Instead, divorce attorneys must bill hourly or charge a flat fee. In general, most contested cases are billed hourly, while many uncontested divorces are either charged either a flat fee or billed hourly.