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Can I get attorney fees from soon to be Ex for false statements on paperwork?

Kuna, ID |
Filed under: Divorce

I filed for Divorce in October 2012. She was in full knowledge that the case was in process and that I was attempting to get the paperwork to her. I have proof that she knew the case was open. She filed in a different state in Feb 2013 and made false claims about my care for the children to get them to push the case. On all of her paperwork, she stated that she had no knowledge of any cases currently pending pertaining to our children or the divorce. I was forced to hire an attorney to represent me as I was unable to do so myself. Her case has been dismissed do to her knowledge of my proceeding and her conceding that the children had not been in her state for over a year. I know have a $2500 attorney bill and was wondering if I could get that back from her. I live in Idaho, she is in AZ.

Attorney Answers 1


Obtaining an award of attorney's fees is not the simple process you imagine. First there must be law or court rule authorizing the award of fees, and then the attorney must take action during the case to protect the client's right to obtain the award. Under Idaho law attorney's fees can be awarded for legal fees incurred when the other party's actions are frivolous. If the case dismissed was in AZ, the law of that state would apply. Your own attorney is your best source of information on the availability of fees.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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