Can I request the opposing party pay for my attorney’s fees?
In Maryland and the District of Columbia, each party generally pays for their own costs of litigation. However, you may still be entitled to request an award of attorney’s fees under certain circumstances. Attorney’s fees may be awarded pendente lite (during the pendency of the litigation) or at the conclusion of the case.
Can I request the opposing party pay for my attorney’s fees in Maryland?
In Maryland, the Court may award attorney’s fees in family law cases if there is an applicable statute. In making this determination, the Court will consider each party’s financial resources and needs, as well as whether there was substantial justification for bringing, maintaining or defending the proceeding. MD Code, Fam. Law §§ 7-107, 8-214, 11-110, & 12-103. Ultimately, you must prove that you have a financial need for an award of attorney’s fees, that you were substantially justified in your position during litigation, and that the other party has the financial ability to contribute to your attorney’s fees.
Can I request the opposing party pay for my attorney’s fees in D.C?
In D.C., the Court has discretion in awarding attorney’s fees under several principles:
Suit Money: The Court may award attorney’s fees as “suit money” in cases involving divorce, child support, or alimony. The party requesting suit money must make an initial showing that suit money is necessary “to litigate the divorce action on a level playing field with the other spouse.” McClintic v. McClintic, 39 A.3d 1274, 1276 (D.C. 2012). Suit money is meant to level the burden between the parties, especially where one party has greater economic resources. Once the initial showing of need is made, the Court must determine whether the litigation is burdensome to the party seeking the suit money.
Necessaries Doctrine: The necessaries doctrine authorizes the Court to award attorney’s fees and other costs to a prevailing party in a custody case when that party was forced to incur attorney’s fees to protect the interests of the children. Specifically, fees may be awarded where one party is seeking to preserve a custody arrangement (formal or informal) against the other party’s attempts to disrupt it, for example, by withholding the children.
Bad Faith: In exceptional circumstances, if one party has acted in bad faith during the litigation, unnecessarily resulting in additional attorney’s fees and costs, then the Court may award the opposing party attorney’s fees to compensate for the bad actor’s behavior.
If you have questions about litigation and attorney’s fees in your family law matter, please contact Markham Law Firm at 240-396-4373 for assistance.