Attorney’s Fees and Court Costs
Attorney’s fees are the costs incurred by your attorney and his staff of paralegals, legal assistance and secretaries at the law firm to prosecute or defend your case. These fees can include the hours billed for your case by the attorneys and his staff, court costs, and other expenses.
Utah divorce laws allows you to recover these costs from the other party under certain circumstances. Obtaining these fees allows those that could not afford the full cost of a lawsuit to shift the burden of paying to the other party. It should be noted that in order to receive attorney’s fees, the party typically has to prevail with the lawsuit.
Parties should request attorney’s fees in the initial divorce petition if you are the plaintiff who filed for the divorce or the answer to the petition if you are the defendant to your spouse who filed the divorce. Parties will also need to assert attorneys fees at other key points during the legal process, including a request for summary judgment and on appeal.
Attorney’s Fees in Divorce
In Utah, a court may order one party to pay of attorney’s fees of another party if it finds that it is necessary for one of the parties to prosecute or defend the divorce. The court will usually award attorney’s fees to the prevailing party for the enforcement or modification of a divorce decree unless they feel that such an award would be inappropriate based on the financial means of the parties.
It is also possible that a party might be awarded attorney’s fees in the event of a default judgment (which occurs when one party fails to show up to court or the divorce is uncontested), but these fees are limited and would likely only occur if one party failed to show up to court.
Utah Divorce Hotline – Our Fees
At Utah Divorce Hotline, we offer premier legal services at affordable rates. In some cases we offer fixed fees. If you are looking for an attorney to file your uncontested divorce, look no further. We offer an affordable fixed fee for uncontested divorces. For contested divorces, we generally offer services by the hour. Our hourly rate varies depending on the attorney assigned to your case. Call us today for more information 801.618.1331.