Monday, March 28, 2016

Attorney's Fees as a Debt

Traditionally, in Mississippi, a party has to prove inability to pay or a few other issues in order to recover attorney's fees in a divorce.  However, there may be a backdoor on that issue.  Attorney's fees can be substantial in a case.  I have had some hotly contested cases with multiple depositions get close to six figures in litigation costs.  Debts can be equitably divided by the court and it seems to be that there is no reason that attorney's fees could not be equitably divided as a newly created debt during the marriage. 

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