Divorce in most cases will involve both the spouses, whether it is a contested or uncontested divorce.
But under most divorce related laws, in case you are the sole earner in the family, the onus of paying the entire divorce costs will fall upon you.
In a Tucson Divorce case, one can seek the assistance of a divorce counselor to get an idea of the fee implication on you or your spouse.
The basic principle that operates behind the payment of fees is that the earning member in the marriage is responsible for bearing all the monetary expenses of the household.
The other spouse has no financial capability to pay for any such costs.
The second consideration while dividing the costs of divorce between the two spouses will be the division of properties and debts of the marriage.
In case both spouses are equally wealthy with sufficient financial assets for each, the attorney fee may be split between the two as a joint cost of divorce.
But in a case where the other spouse has no personal income or assets, the entire legal fees even of the other spouse including the attorney hired by that spouse, will be the responsibility of the earning spouse.
In a Tucson Divorce case, the allocation of legal costs of divorce will also be influenced by the fact that which of the two parties engaged in unnecessary legal pursuits that were a wasteful expenditure, unworthy to the case or entirely selfish.
Therefore, even if you know that ultimately your spouse will have to bear the attorney fee on your behalf because he or she is the earning member, still you need to exercise judiciousness and care in incurring the costs.
The judges will usually take your approach to the divorce case and your integrity while incurring the legal costs into account while deciding who should bear the costs of divorce and by how much.
One must also be aware that most of the times, every court will take the legal fee into consideration while taking a decision on the division of properties and assets.
The spouse paying the entire legal fee from his or her pocket will be compensated in terms of property division by the court.
Therefore, it is not an unfair way of the courts to burden only one of the spouses with the entire divorce costs if only one of the spouses has a personal income.
Apart from the monetary cost implications in a divorce case, one must also be fully aware of the expenditure in terms of your personal time and effort that goes into fighting a divorce case.
You will be required to prepare a number of documents, forms and other legal formalities related to the case.
It may become difficult for you to complete all the work in your spare time from work.
Especially the court visits and dates may clash with your other important assignments at work or home.
So your normal life can certainly get disrupted to some extent, and you should be prepared for it.