In a Superior Court Family Part case, Chancery Division case, generally the rule of the road is, concerning legal fees, is each party pays their own fees. There are situations where, if it can be proven to the court that a particular individual is completely without assets, the court can order a payment of pendente lite legal fees, meaning that as the divorce goes forward, one party will be required to contribute to the other party’s legal fees. If that party has shown the court that they are destitute or that there’s a situation where the paying spouse converted marital assets, that can be a situation where the court will make an award of attorney’s fees.
The other area where attorney’s fees arise, is in the matrimonial part. If there’s an order that’s been entered by the court and the other side just says, I’m not going to follow it. I just don’t care. As far as I’m concerned, it’s not worth the paper that it’s printed on. Generally, obviously, you’ll find yourself in contempt of court, if that’s the situation, and a judge will not be happy. A judge might give you one free pass and look upon you foolishly.
If you continue to violate a standing order, you can get a court pretty mad. In addition to a number of remedies, one of the remedies that the court has at its disposal, will simply to award attorney fees to the other side for wasting the other side’s time, wasting the court’s time, forcing the other side, that has been entitled to legal relief, to go to the courthouse and prepare a defense, or prepare a claim.
If you require strong and dedicated representation for any of your legal matters, contact The Law Offices of George J. Mardinly to schedule a consultation.