Often times there is a large disparity in income between the parties contemplating divorce. This inherently creates unequal footing for any prospective litigation. The party making little money may seem at a loss as to what their rights are and how to proceed with any divorce despite its necessity. The party with greater income may have gone so far as to stop paying bills, limiting credit cards and stopped paying for the mortgage, despite having monies to do so. In this type of scenario, the party with lesser income may file for divorce and seek pendente lite support, support pending the divorce litigation and may also seek that a litigation fund be made available to them from the party with greater income. If you find yourself in this situation, please call Green & Associates at 732-390-0480 in our East Brunswick office or 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.
Green & Associates, LLC Blog
It is often asked, who is to pay my counsel fees, during divorce litigation. In situations where there is a large disparity in income, generally the spouse making the most money may have an obligation to pay the counsel fees for the other party who makes less income.
Often in pendente lite motions, a litigation fund is requested for the party that is seeking support. In New Jersey, a litigation fund may be ordered so that both parties have an equal opportunity to litigate the case and to keep a level playing field.
In addition, if a party litigates in bad faith, a party may seek legal fees, which are often sought in a motion for other issues.
If you require legal representation in your divorce and do not have the funds to litigate your case, call us at Green & Associates at 732-390-0480 in our East Brunswick office, or 201-242-1119 in our Fort Lee office to set up a free consultation for your divorce.