Yes. In a Waldorf divorce, it is possible for the Maryland divorce court to order one spouse to pay the attorneys’ fees of the other spouse. Note that the Maryland divorce court can also require that one spouse pay other costs such as the filing fees for the divorce, costs for services like a private investigator, and litigation costs (such as the cost of an accountant or other expert). If you have questions about obtaining a Maryland divorce, call us here at the Law Office of Robert Castro at (301) 870-1200. We are divorce attorneys in Waldorf, Maryland, and we provide divorce and family law legal services in Charles County and throughout Southern Maryland.

There are two methods for a Maryland divorce court to order one spouse to pay the attorneys’ fees (and other litigation costs) of the other spouse. The first is DURING the divorce proceedings. This involves what is legally termed a pendente lite request. MD Fam. Law Code, § 11-110. Pendente lite is Latin for “pending litigation” and involves asking the Maryland divorce court to issue a temporary order that lasts only as long as the proceeding is pending. Generally, to succeed on a pendente lite request, the court must be convinced that the matter is urgent enough that a decision on the matter cannot wait until the divorce proceeding is completed. The inability of one spouse to pay their attorneys’ fees and litigation costs is an example of such a circumstance. This is similar to the manner in which a Maryland divorce court can order temporary alimony payments to be paid by one spouse to the other where one spouse has insufficient income or assets. Generally, the Maryland divorce court holds a hearing on a pendente lite request and takes evidence on the financial condition of the respective spouses. A Maryland divorce court is particularly likely to order the payment of attorneys’ fees by one spouse to the other where “justice and fairness” are implicated. That is, if one spouse will gain a large advantage over the other spouse because one spouse is financially impoverished, the Maryland divorce court is likely to issue the pendente lite order. The Maryland divorce court will also be inclined to issue such an order because any “mistake” in issuing the temporary order can be “fixed” when the final divorce decree is issued.

The other manner in which a Maryland divorce court can order one spouse to pay the attorneys’ fees of the other spouse is in the final divorce decree. This can be done directly or as part of the equitable division of marital property. Let’s assume that both spouses have careers, the couple is high-net-worth, and both have adequate income and assets to pay their attorneys’ fees during the divorce proceedings. Under that hypothetical, the Maryland divorce court might have chosen to deny a pendente lite request. But, at the end of the divorce when the Maryland divorce court is preparing to issue the final divorce decree, the court can revisit the issue of shifting the responsibility for paying attorneys’ fees. Again, equities, fairness, justice, and ability to pay are among the relevant factors that the Maryland divorce court will consider.

Contact Waldorf, Maryland, Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.