Skip to main content

What is the process for requesting reimbursement of attorney fees?

Campbell, CA |
Filed under: Divorce

My divorce has dragged on interminably, primarily due to my spouse's uncooperativeness, suspiciousness, delay tactics, and disorganization. We've had more hearings than I can count. Over the years, the Court has reserved my attorney fees on several different occasions for different issues. Now we are finally approaching the end of our case. We have a CMC coming up to set a final trial date. It's remotely possible we will settle out of court on everything except my claim for reimbursement for these attorney fees. I am certain I'll have to go to court to get that. In that case, would the Trial be just on the issue of attorney fees or do I need to file different paperwork to request a different sort of hearing for attorney fees?

Thank you!

Attorney Answers 1


I am sorry that this has been such a difficult process. You should not have to have a trial on the attorney fee issue, in fact your attorney is the one responsible for filing the motions and attaching his or her affidavit of billable hours, costs and fees and arguing the issue. If you feel that the issue should be heard now, you have a right to file a motion with the court asking so, the worst the court/ judge can do is say no and then your rights are reserved for later. Take care and I hope that things work out.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Mark as helpful

6 found this helpful

1 lawyer agrees

Divorce topics

Recommended articles about Divorce

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics