Rochester Minnesota Attorney’s Fees Lawyer

A Marital Asset Can be Sold to Pay Attorney’s Fees

The laws of the State of Minnesota and the provisions of the Summons in a divorce proceeding allow a party to sell marital assets in order to raise money for legal representation. The question becomes whether the sold asset will reduce the property settlement value only of the party who disposed of it or the overall value of the combined marital assets.   A Rochester Minnesota Attorney’s Fees Lawyer would be able to assist you with these kinds of questions as well as whether you would be entitled to the other party paying your attorney’s fees.

Attorney’s Fees From the Other Spouse

Minnesota Statutes and case law allows a party to a family law proceeding to recover attorney’s fees from the other side under the following two scenarios:

• Need-Based Attorney’s Fees
• (Bad) Behavior-Based Attorney’s Fees

Need-Based Attorney’s Fees

To obtain need-based attorney’s fees from the other party, the seeking party must show:

• The requested attorney’s fees are necessary for the party to assert his/her rights;
• The party from whom the attorney’s fees are being sought has the means to pay them; and
• The party seeking legal fees does not have the means to pay them.

Behavior-Based Attorney’s Fees

When the Court finds that one of the parties has by its actions contributed to unnecessary and unreasonable delay in a family court proceeding, and therefore an increase in attorney costs, the Court has the power to award the other party behavior-based attorney’s fees. Examples of actions that contribute to unnecessary and unreasonable delays include:

• Filing Frivolous Motions
• Failing to abide by the Court’s Orders
• Failing to obey the provisions of the Summons
• Not complying with the discovery rules, thereby necessitating the need for a formal hearing
• And many other actions that would fall into this category

Request a Free Consultation

If you have additional questions about Attorney’s Fees in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.