Allocation of Legal or Expert Fees in Colorado Springs Divorce

Are you involved in a Colorado divorce? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

Many couples incur legal fees in the course of dissolution, and it is important to set forth allocation of such fees in an agreement. The default provision is that both parties pay their own legal fees. However, parties can agree to a different arrangement, and a court can order one party to pay some or all of the fees of the other. In Colorado dissolution, a party may receive an award of attorney’s fees in two different situations. The first occurs when one party earns or has access to substantially more income or funds than the other party.⁵ It is possible to file a motion for prospective attorney’s fees to request funds at the outset for the less-monied party. Generally these fees are awarded only when there is a very substantial disparity in the incomes of the parties.

The second situation occurs when one party engages in inappropriate conduct, usually financial, in the course of a dissolution.⁶ A court can award reasonable attorney’s fees if an action taken by a party is frivolous, groundless, or vexatious. An action is frivolous if there is no rational argument based on law or evidence to support the action. It is groundless if not supported by any credible evidence at trial. Finally, it is vexatious if it occurred in bad faith, or to annoy or harass the other party.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.

5C.R.S. § 14-10-119.

6C.R.S. § 13-17-102.