Any determination regarding an award of attorney's fees in proceedings for dissolution of marriage, support, or child custody begins with Florida Statutes Section 61.16, which provides that the Court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals. Courts may award attorney fees payable to one spouse by the other in order to ensure that the parties are on relatively equal footing in their ability to secure legal counsel. SeeCanakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Nichols v. Nichols, 519 So.2d 620(Fla. 1988). The courts primarily consider each of the parties' need for attorney's fees and their ability to pay. See Rosen v. Rosen, 696 So.2d 697 (Fla. 1997).
The inability of one spouse to pay for legal representation during a divorce proceeding should not be an impediment to access to the necessary relief provided by the Courts. The legal team at Segarra & Associates, P.A. will assist you in determining if you are in a position to require the other party to pay for your attorney's fees, suit monies and costs in your family law case.
Contact us for a consultation to determine if you are entitled to attorney's fees and costs in your case. We are committed to giving your case our full attention and are available now to speak with you. Call us today. (305) 742-5042.