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- Who pays the legal fees?
Who pays the legal fees?
The person filing divorce or does it come from assets before the assets are split?
So, the attorney's fees are going to come from the assets. What happens is that you have a husband and a wife and the husband is the one who earned all the money and that's where all of the money is coming from and now you have a bank account.
What's happening in that situation is that that's going to be considered marital property. That property belongs to both husband and wife. And when the other side is asking the court for attorney's fees, what they're basically saying is that judge at the end of this case, I'm going to get 50 percent of this account, but it's going to take a long time for me to get there, so in the interim, while we figure out custody, while we figure out everything else, I would like an advance.
I would like $5,000 up front so that I can pay my attorneys. So, technically, the money is coming from the assets before the assets are split.
It's not necessarily the person who's filing for divorce who pays for the legal fees.