the court may order the husband to pay for the legal costs
As a general rule, no wife can force her husband to cover the cost of the divorce. Each side in the divorce proceeding pays for its own legal fees and expenses. However there are exceptions where a court may order a spouse to cover the costs of the wife’s lawyer. For example, if adultery has occurred, or if the wife is threatening to file for bankruptcy, the court will order one spouse to cover the legal costs of the other. Also, if the wife is seeking custody of the children, the court may order the husband to pay for the legal costs of the child custody litigation.
In some cases where there has been no award of alimony or spousal support, an award of debt recovery may be issued. An order of debt recovery is an order that the recipient of the award must repay an equal amount of money to the person or entity awarded the payment, including legal fees. Even if no award is awarded, some jurisdictions still allow the receiving spouse to recover legal fees. Usually, in these cases, the spouse will repay an agreed upon amount. If the spouse does not meet the deadlines of repayment, he may end up in default of this obligation and the creditor or debtor will then have the option of pursuing litigation to recover the debt. The creditor or debtor may also seek to have the spouse personally repay the debt.
determination for enforcement
Some jurisdictions allow the party filing for divorce to request that the court award him or her child support, regardless of whether the party was awarded the other parent’s wage-based child support. This is called an uncertified child support. If the party requesting the award of the child support refuses to meet with the clerk to obtain an un-certified child support award, then the clerk will make the decision. If the spouse who was awarded the wages cannot meet the obligation to provide child support payments, the court will make the determination for enforcement.
When a divorcing couple is having some problems meeting their child support obligations, they may ask the court to temporarily stop these payments while they work out their problems. Such requests are granted at the request of the spouse who is having difficulty meeting the obligations. The clerk will require the parties to provide proof that they are able to meet their obligations. Evidence of the spouses’ inability to meet these obligations will be provided by way of the court records. The court will decide whether or not to grant such a request.
agree on an allocation of parental responsibility
A divorce decree can assign either joint or single custody. If one party is awarded sole physical and legal custody, he or she can move out of the home when the assignment is made. Once the assignment is made, the spouse must notify the other spouse in writing that he or she wants sole legal and physical custody. Then, the spouse who is assigned joint legal custody must move out of the home as soon as possible. If children are involved in the divorce, then the parent with whom the children are staying will have to move out as well.
If the two parties cannot agree on an allocation of parental responsibility, then the judge will allocate the responsibility. If there is no agreement on the parenting schedule, then the judge will allow one party to receive spousal support. If there is no award of spousal support, the spouse who received the greater amount of attorney fees will be awarded the responsibility. The judge will give this decision after looking at each spouse’s earning capacity, ability to provide for the children, and the contribution made to the marriage by each spouse.