Will my husband pay divorce costs if he is at fault for the marriage failing in Tennessee?

Divorce costs often are split among both parties. But there are situations in which your husband may pay part or all of your costs. For instance, this may be the case if you are unable to afford an attorney, and he earns substantially more than you do.

Who pays divorce costs? 

As noted, most divorce cases in Tennessee require that each party pays his or her attorney fees and other related costs. Even in cases in which one party is at fault for the divorce, the courts may require that both parties pay their own fees.

In some cases, though, two spouses may earn substantially different incomes. One spouse may earn the vast majority of the income, for instance, and the other may earn a lesser income or no income at all if he or she stays home with the kids or to attend to issues at home.

If your husband earns most or all of your household income, he may be required to pay for some or all of your attorney fees. This is intended to ensure that both parties are represented appropriately in the divorce process.

There also may be situations in which you do not have access to your marital bank accounts or other sources of money. If this is the case, your husband may be ordered to pay legal fees for you during the course of the divorce proceedings.

Factors That May Determine Divorce Costs 

Once you determine whether you will be responsible for your own legal fees (or whether you are likely to be responsible for them), the next big issue is how much those legal fees will be. One of the most important factors is whether or not you can agree on the issues that will need to be addressed, such as the division of marital property, child custody and spousal support. If this is the case, the divorce is considered uncontested, and the process usually runs more smoothly and is less expensive.

More money is spent when you can’t come up with a workable agreement. In a contested divorce, the ultimate costs likely will be much higher depending on how long the case drags out.

Couples with a lot of valuable assets may find that dividing them is more difficult, and these cases may be more likely to be contested. This can become even more complicated if there is a business involved or there is a large amount of debt. This also may be the case if children are involved and both parents want custody or cannot reach an agreeable custody and support agreement.

Remember, the more time your lawyer has to put into the case, the more expensive it will be.

How Much Are Court Costs for Tennessee Divorces?

Court costs, the fees charged by the court clerk, vary county from county and generally depends on the amount of activity in the case.  Typical fees range from $250.00 to $750.00.  If there are voluminous filings and hearings, it could cost thousands.

For more information, see Tennessee Divorce Laws FAQs | Filing for Divorce in Tennessee & Forms.

Contacting Divorce Lawyers in Memphis 

You can discuss your case with a divorce lawyer at Miles Mason Family Law Group in Memphis to review some of the issues you may face in your case and whether you may be able to pursue an uncontested divorce to keep divorce costs low. Call us at (901) 683-1850.