Who pays for the lawyer if my spouse controls the money?
Who pays for the lawyer if my spouse controls the money?
If your spouse controls the finances and you do not have access to funds to pay your attorney, you may ask the Court to release marital funds to pay counsel fees. You can also ask the court to require your spouse to contribute to your counsel fees. The court may consider (1) the financial circumstances of the parties; (2) the ability of the parties to pay their own fees or to contribute to the fees of the other party; (3) the reasonableness and good faith of the positions advances by the parties; (4) the extent of fees incurred by both parties; (5) any fees previously awarded; (6) the amount of fees previously paid to counsel by each party; (7) the results obtained; (8) the degree to which fees were incurred to enforce existing orders or to compel discovery; and (9) any other factor bearing on the fairness of the award. R. 5:3-5. Additionally, in the case William v. Williams, 59 N.J. 229, 233 (1971), the court must consider the need of the applicant, the other party’s ability to pay and the good or bad faith of both parties.
Carton and Rudnick family law
Carton and Rudnick consumer law
Carton and Rudnick
