The granting of fees in a divorce case is proper when there is a showing of the financial inability of one party to pay the fees and the ability of the other to do so; however, financial inability is not equated with destitution, and the fact that the party seeking the fees would be stripped of his or her financial resources if required to pay is sufficient to support the award of fees.
An award of attorney fees requires consideration of the financial resources of the parties, and is left to the sound discretion of the trial court, reversible only for an abuse of discretion.
An award of attorney fees is justified when the party seeking relief demonstrates financial inability to pay coupled with the ability of the former spouse to do so.
Evidence was sufficient to establish wife’s financial inability to pay the full amount expended in attorney fees, as well as husband’s ability to do so.
Where parties’ earnings were substantially equal, and where petitioner received substantial cash award while respondent was left with relatively no liquid assets, petitioner had not shown an inability to pay her own attorney fees.
The criteria for determining whose obligations the attorney fees will be in a divorce action is similar to the criteria for determining whether a spouse is entitled to alimony; the court must consider the financial resources of the parties.
The circuit court’s order requiring defendant to pay a portion of the attorney fees incurred by plaintiff was in error where plaintiff could pay for her own attorney without undermining her economic stability.
Considering the relative financial resources of the parties, it was not against the manifest weight of the evidence that respondent had to pay petitioner attorney’s fees for defense of the cross appeal where petitioner owned stock worth $1,500, had funds in bank accounts totaling $220, had no regular income from employment, was receiving $900 per month from respondent, and had to borrow money for her living expenses.
Where an attorney seeks fees from his own client pursuant to subsection (a) the purpose of the proceeding is not to enable the less affluent spouse to maintain or defend the action but is directed to promoting judicial economy by eliminating the former requirement that an attorney bring a separate suit for such fees against his own client; regardless of the respective financial circumstances of the spouses, an attorney is still entitled to seek payment for his services from his own client and the legislature in providing this procedure did not intend that it be conditioned upon the financial abilities of the parties.
The lack of evidence concerning the relative financial position of parties required remand for a hearing to determine the financial ability of the parties and the determination of the question of attorney fees.
Although respondent’s income was rather inadequate to his obligations, the petitioner was not able to pay attorney fees since she was unable to work consistently because of the demands of the minor children; the resources of the husband were limited, but the court’s order requiring respondent to pay attorney fees was the only practical disposition possible.
The court may order either spouse to pay the costs and fees incurred by the other party in any proceeding after considering the financial resources of the parties; no other considerations are mandated.
Before one spouse may recover attorney fees from the other, the former must prove that he or she is unable to pay the fees and that the opposing party does have such ability.
After considering the financial resources of the parties, the court properly ordered that petitioner and respondent would be responsible for their own attorney fees.
Although attorney fees may be awarded in connection with the defense of a proceeding under this Act, the criterion for assessing fees is the relative financial resources of the parties.
 

See Also:  Divorce Lawyers Las Vegas

Effective January 1, 2005, Common Law Marriage is abolished in Pennsylvania. Governor Rendell signed the bill into law several days ago. This applies only to all common law marriages entered into after January 1, 2005. As to all common law marriages properly entered into before January 1, 2005, these “marriages” will remain valid if they can be proven to b e valid as required by law.

In order for a common law marriage to be found to be valid, the party must prove that the man and the woman, before two witnesses, declared their present intent to be married by saying to each other words similar to: “From this date forward, I consider you to be my [wife] [husband].” There are no “magic words”; they only need to convey a present tense intent to be married.

If you cannot prove such a ceremony, then you may be able to prove that you are common law married by proving that you held each other out to be Husband and Wife to community. You would do that showing that, for example, you both used the same last name, filed tax returns as married, introduced each other as Husband and Wife, paid bills in the married name, bought property in the married name, etc. There is no magic formula to prove that you are married; it is evaluated on a case by case basis.  Common law marriage is frought with problems. If you want to be considered married, this lawyer advises to get a marriage license and have a proper ceremony. Otherwise, you may think you are married, but what you think is not worth a hill of beans. It is up to a judge to decide. If you have a license and a ceremony, then there is no doubt. Otherwise, let the buyer beware!

DivorceNet - Common Law Marriage

The Divorce Support website provides divorce information on family law topics such as; divorce, child custody, visitation, child support, alimony and property division.

The Divorce Support Page: Divorce, Child Custody, Alimony, Support, Family Law

NEW YORK - By the numbers, divorce just isn’t what it used to be. Despite the common notion that America remains plagued by a divorce epidemic, the national per capita divorce rate has declined steadily since its peak in 1981 and is now at its lowest level since 1970. Yet Americans aren’t necessarily making better choices about their long-term relationships. Even those who study marriage and work to make it more successful can’t decide whether the trend is grounds for celebration or cynicism

Divorce rate falls to lowest level since 1970 - Life- msnbc.com

There are two types of divorce– absolute and limited. An absolute divorce, (also called a “divorce a vinculo matrimonii”) is a judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony. As a result of an absolute divorce both parties’ status becomes single again

Divorce - Wex

It is frequently reported that the divorce rate in America is 50%. This data is not accurately correct, however, it is reasonably close to actual. The Americans for Divorce Reform estimates that “Probably, 40 or possibly even 50 percent of marriages will end in divorce if current trends continue.”, which is actually a projection.

Divorce Rate : Divorce Rate In America

Step 1:
Understand that in some states you can live together as a couple for a number of years and be considered legally married without ever having had a wedding ceremony.

How To Get a Common-Law Divorce | eHow.com

You live in Texas, you have just been served with divorce papers, and you have no idea about what the process entails. This article will provide some answers to those questions; however, it should be noted that everyone’s circumstances are different and just as no two marriages are alike, no two divorces are alike. Thus, every divorce has its own outcome.

Mental Preparation for the Divorce Process

Usually when you think about divorce, you have some notion as to what it entails. You may have watched characters in movies or television soap operas going through a divorce, or maybe your co-worker, best friend, or neighbor may have confided in you. Perhaps, your own parents have gone through a divorce. However you may have encountered it, facing this type of a proceeding can be very stressful and can cause you emotional distress. Not only are you faced with the prospect of losing your spouse, nut you suddenly have to think about a multitude of other unpleasant circumstances such as making new living arrangements, division of property; and, if there are children involved, you will then have to come to terms with the possibility of not being able to see them on a daily basis. Therefore, it is important to understand the process, so that you are better prepared for what lies ahead.

Sunshine Blog » Getting a Divorce? What you can expect in Texas?

A breaking family in New York is common nowadays. When parents can’t seem to agree with their plans, they end up in divorce and child custody. They will seek the help of New York child custody lawyer to fix the custody of their children and also the visitation schedules.  A New York child custody lawyer does not only decides as to which parent will get the custody but he also looks into the emotional aspect of the children and also the effect that it will give to the children. A New York child custody lawyer can handle different cases of child custody.

My Pets Online » Blog Archive » Can’t Work It Out? Get A New York Child Custody Lawyer

This site was conceived after many years of working with families in divorce situations. The issues raised by parents, the many professionals who work with them, and the children themselves, have challenged us to come up with a resource site that will be of help to all those who have the best interests of the children of divorce at heart. 

Children and Divorce