In addition to divorce being a legally and emotionally intricate process, financially it can also be expensive. It is especially challenging when one party has more resources than the other party. In spite of the fact that each party is responsible for paying their own attorney’s fees, Florida Law does permit the court to order that one party pay the other’s attorney’s fees. The idea behind this law is that each party should have access to equal representation.
Both during the dissolution of marriage process and at the end of the case, the court may grant attorney’s fees on a temporary basis pending a final court order. This will be based on balancing one party’s capacity to pay with the others need.
Additionally, regardless of the ability to pay, Florida Law permits one party to pursue attorney’s fees against the other party, to the extent that the other party engages in excessive or frivolous litigation.