If the wife files for divorce, is the husband required to pay the wife’s lawyer?

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If the wife files for divorce, is the husband required to pay the wife’s lawyer?

In this case, the wife left the husband for another lover. When she filed for divorce, the judge ordered him to pay for the wife’s lawyer. Why? The husband went in front of the judge without a lawyer since he couldn’t afford one.

Asked on January 8, 2012 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Geesh.  This sounds like it happened upon the initial filing for the divorce (rather than on a motion later on for say contempt of court), correct?  Generally speaking, attorney fees are usually awarded in situations where there is a stay-at-home parent or a significant difference in income. The idea is to give both spouses the opportunity to prepare and present their case to the court. To level the playing field, so to speak.  But it sounds here like the field was not level at all as YOU had no attorney.  So I would go and speak with legal aid or find a bar association that does pro bono work in matrimonial actions.  Something is not right and you need to get it straightened out.  Good luck.


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