DIVORCE

CUSTODY/VISITATION & SUPPORT

CRIMINAL AND JUVENILE LAW

Award of Attorney Fees - Raymond R. Pines, P.A.

Attorney Representation in Tampa, FL for over 40 years

Generally, an award of attorney fees by the Court is to make certain that both parties in a dissolution of marriage proceeding have a similar ability to secure competent counsel.  There are several scenarios and circumstances where a Court in a “family law” setting may award attorney fees to a spouse.  Here are a few instances: Florida Statute 61 authorizes the Court to award attorney fees and costs in a dissolution of marriage proceeding, custody, time-sharing, support, enforcement actions and modification of judgment actions, and even separate maintenance actions.  In a Paternity Action under Florida Statute 742, the Court may award attorney fees similar to a dissolution of marriage; If the other spouse creates unnecessary litigation then the law enables a Court to award a spouse attorney fees from the offending spouse..

If the position taken by a party is not in any way justified by the case law or the specific circumstances of the case then attorney fees may be awarded to the prevailing party, and possibly the prevailing party, under certain circumstances, may collect the award of attorney fees from the other spouse and the spouse’s attorney in equal shares.

An award of attorney fees is also justified if a action to set aside a judgment is based on fraud of the other spouse.