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Attorney’s Fees in the Orlando, Florida Area

You can find Statute 61.16 to read the statute in its entirety here. Florida Statute 61.16 explains that one party must have a need for attorney’s fees and the other party must have the ability to pay. Florida Statute 61.16 is not a prevailing party statute. Further, there is nothing in Florida Statute 61.16 that permits payment of attorney’s fees merely because a party unilaterally transferred funds for that party’s use in a dissolution of marriage. The trial court must make factual findings that one spouse has a need for attorney’s fees and that the other party has the ability to pay attorney’s fees and costs. 

Florida Statute 61.16 authorizes a trial court to order one party to pay another party’s reasonable attorney’s fees in a proceeding held under chapter 61, Florida Statute. The court may from time to time, after considering the financial resources of the 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; and appeals. 

As stated previously, Florida Statute 61.16 is not a prevailing party statute. An award of attorney’s fees in domestic support cases is not dependent on one party’s success in the litigation but rather upon the parties’ financial resources. This is to ensure that both parties have similar access to competent legal counsel. Section 61.16 Florida Statutes helps mitigate future harm that would otherwise result from an economic disparity between parties. 

The equitable considerations underlying dissolution laws compel the trial court to mitigate harm an impecunious spouse would suffer where the other spouse’s financial advantage accords him or her an unfair ability to obtain legal assistance. A significant purpose of Florida Statute 61.16 as a fee authorizing statute is to assure that that one party is not limited in the type of representation he or she would receive because that party’s financial position is so inferior to that of the other party. 

If you have more questions regarding attorney’s fees or a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange 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.