Who pays for the divorce?

In New York, there is no standard rule for who pays for a divorce. Generally, each party is responsible for their own legal fees. However, the court may award one party to pay for all or a portion of the other party’s legal fees if it is determined that one party has more financial resources or income than the other. In New York, both parties are responsible for paying their own private attorneys. If one party does not have the ability to pay their own legal fees, they may be able to apply to the court for a fee waiver. Courts in New York have the authority to order one party to contribute to the other party’s legal fees if it is determined that one party has the ability to pay and the other does not. If one party is the primary breadwinner and the other spouse is unemployed or has a substantially lower income, then the court may order the higher earning spouse to pay the other spouse’s legal fees. Though not typically court ordered in New York, it is not uncommon for parties to agree on who is responsible for their divorce fees. Typically, this is done through settlement negotiations, if both parties are willing to come to an agreement. Ultimately, if the parties cannot agree, the court will decide who is responsible for each party’s legal fees.

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