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Can You Obtain Attorney’s Fees in a Marital and Family Law Case in the Orlando, Florida Area?

Florida Statute Chapter 61 governs dissolution of marriage, support and time sharing. Among its purposes is to safeguard meaningful family relationships and mitigate the potential harm to spouses and their children. Section 61.001(2), Florida Statute Section 61.16(1), Florida Statutes, provides in pertinent part: 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. 

Any determination of attorney’s fees in dissolution of marriage, support, and timesharing cases must begin with an assessment of the financial affairs of the parties. This is done so that both parties have similar ability to obtain competent legal counsel. Resources are not the exclusive consideration. The court also examines the scope and history of the litigation; the duration of the litigation; the merit of the respective positions; whether the litigation is brought or maintained primarily to harass or whether a defense is raised mainly to frustrate or stall; and the existence and course of prior or pending litigation. 

Where an action is frivolous or spurious or was brought primarily to harass the adverse party, the trial court has the discretion to deny a request for attorney’s fees to the party bringing the suit. However, the key point to the determination of a court awarding attorney’s fees in a dissolution of marriage case in Orlando, Florida is the financial need of the requesting party and the financial ability of the other party to pay those attorney’s fees. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com  

This article is for informational purposes only and does not form an attorney client privilege.