Generally speaking, in Utah, attorney’s fees may be awarded only cases involving a contract or statute which calls for such fees. When it comes to divorce, the statute which governs the award of attorney fees is Utah Code Ann. 30-3-3. This statute conditions an award of attorney fees upon the sole discretion of the court. Essentially, this means you might be awarded attorney fees if a judge simply chooses to do so in his or her sole discretion. The question becomes what, if any, factors, does a judge consider in choosing to award or not award attorney fees in a divorce or other family law proceeding. We describe the factors below and provide the basic information to help you better understand how the law in this area may be applied to your particular case. However, to find out what your chances may be of getting an award of attorney fees in your favor, call and speak to a Utah Divorce Attorney at our firm right away.
Factors in Deciding a Request for Attorney Fees
In order to receive attorney fees in a divorce, the requesting party must be able to demonstrate 3 things. First, the person must show they have a need. Second, the requesting party must show the other party has the ability to pay their fees. Finally, the requesting party must demonstrate their requested amount is reasonable. When looking at these factors, the court’s decision must be based on sufficient findings. Because the request must be “necessary and reasonable,” it is important to be able to articulate to the judge why you are requesting a particular amount. Often, it helps for your attorney to submit a detailed argument and affidavit regarding the requested amount presenting to the court why a particular amount was request and why it is reasonable.
Salt Lake City Divorce Lawyer
If you are looking for a Salt Lake City Divorce Lawyer who will fight for your financial support including your attorney fees, we can help. Call 801.618.1331. Our team understands what it takes to get you the most support possible and give you the best chance of recouping attorney fees so that you are not out spent in the litigation. Often, when one party is more financially stable then the other, the well off party can try and use that to their advantage. We will work hard to protect your financial interests and fight to ensure you are on equal footing in the case.
