ASK ANGIE^TM
By Angela Hallier, Esq.
Answers to your divorce and family law questions

Q Are there any restrictions on the method I use for paying attorney's fees during my case? What factors will determine whether I receive reimbursement for my attorney fee expenditures at the end of the case?

A Most divorce attorneys require a retainer deposit at the outset of your case. The amount you are billed each month is deducted from your retainer. Each time the retainer is depleted, you will likely be asked to replenish it. In Arizona, you are allowed to utilize marital assets to pay your attorney’s fees. Many attorneys also accept credit cards and it is acceptable to use a community credit card to pay your fees. There are circumstances, however, when a party to a lawsuit may not be able to access community funds because an account or income stream is controlled by the other party. Short of borrowing from friends or family, you may petition the court to gain access to such funds or request an order that your spouse pay your attorney’s fees. If requested, the court may also divide liquid assets equally at the outset of a case. At the end of your case, the court may order that one party reimburse the other for attorney’s fees incurred. In Arizona, the court is directed by law to review two specific factors in determining whether a party should be ordered to pay the other party’s attorney’s fees and costs: The financial resources of the parties and the reasonableness of the positions taken by each party during the case. Your attorney can explain your chance of obtaining or recovering attorney’s fees in your particular case.

It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your case. The information in this column is provided for general information only in the state of Arizona, is not specific to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC

ASK ANGIE^TM is published monthly in Arizona Trends Magazine.