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Divorce can be a contentious and costly process, especially when one party engages in behavior that unnecessarily increases litigation expenses. In Minnesota, courts have the authority to award attorney’s fees based on a party’s conduct during the proceedings. These conduct-based fee awards are governed by Minnesota Statute 518.14, which allows a judge to order one spouse to pay the other’s legal fees when their behavior contributes to excessive and unnecessary litigation costs.

Understanding the types of conduct that justify a fee award can help parties navigate their divorce proceedings strategically and avoid unnecessary financial burdens. This article explores behavior that courts often consider when awarding conduct-based fees in a Minnesota divorce.

Understanding Conduct-Based Attorney’s Fees Under Minnesota Statute 518.14

Minnesota Statute 518.14 provides that a court may order one party to pay attorney’s fees and other costs of the other party if:

  • The fees are necessary for a party’s good-faith participation in the proceedings.
  • The other party has the ability to pay the fees.
  • The award is based on the conduct of a party that unreasonably contributes to the length or expense of the proceedings.

Conduct-based fee awards differ from need-based fee awards, which are granted when one party lacks the financial resources to litigate effectively. Conduct-based fees, on the other hand, are not dependent on the recipient’s financial situation but are imposed as a sanction against the party engaging in unreasonable behavior.

Behaviors Likely to Result in a Conduct-Based Fee Award

1. Frivolous Motions and Repeated Court Filings

Courts take issue with parties who file unnecessary or repetitive motions that have little legal merit. When a spouse continuously files motions that have no basis in law or fact, they increase the workload of both the opposing party and the court. Examples include:

  • Filing multiple motions for the same relief despite prior denials.
  • Submitting requests that lack legal or factual support.
  • Requesting unnecessary continuances to delay proceedings.

Judges are more likely to grant a conduct-based fee award when a party abuses the court system to stall the divorce or harass their ex-spouse.

2. Concealment or Misrepresentation of Financial Information

Honest financial disclosure is crucial in a divorce case, particularly when it comes to property division, child support, and spousal maintenance. Courts may sanction a party who:

  • Fails to disclose assets or debts.
  • Provides false or misleading financial information.
  • Hides income to avoid support obligations.

If a party’s lack of transparency forces the other party to spend additional time and resources uncovering the truth, a judge may order a conduct-based fee award under Minnesota Statute 518.14.

3. Failure to Comply with Court Orders

Refusing to follow court orders can be a costly mistake in a divorce. Judges expect compliance with temporary support orders, discovery requests, parenting time agreements, and property division rulings. Common examples of noncompliance include:

  • Failing to pay court-ordered child support or spousal maintenance.
  • Ignoring deadlines for submitting financial disclosures.
  • Violating temporary custody or parenting time agreements.

When noncompliance forces the opposing party to take legal action to enforce an order, the court may impose a conduct-based attorney’s fee award.

4. Attempts to Obstruct or Delay Proceedings

Some parties try to stall a divorce by intentionally slowing down the process. Courts frown upon such tactics and may order conduct-based fees when a spouse:

  • Ignores discovery requests or takes an excessive amount of time to respond.
  • Fails to appear for scheduled hearings or mediation sessions.
  • Refuses to negotiate in good faith.

If a judge finds that a party’s actions are intended to delay proceedings or increase legal expenses unfairly, they may impose financial sanctions in the form of attorney’s fees.

5. Harassment or Intimidation of the Other Party

Divorce is already emotionally charged, but when one spouse engages in harassing or intimidating behavior, the court may step in to curb their actions. This can include:

  • Sending threatening or abusive messages.
  • Making baseless accusations that force the other party to defend themselves in court.
  • Engaging in retaliatory litigation tactics.

Judges will not hesitate to impose a conduct-based fee award if one party’s behavior escalates tensions and unnecessarily prolongs the case.

6. Unreasonable Refusal to Settle

While every party has the right to litigate contested issues, refusing to engage in reasonable settlement discussions can lead to financial consequences. Courts may penalize a party who:

  • Walks away from fair settlement offers without justification.
  • Refuses to negotiate in mediation or collaborative divorce sessions.
  • Insists on going to trial over minor issues that could have been resolved through negotiation.

Judges expect parties to make a good-faith effort to resolve disputes outside of court, and failure to do so can justify a conduct-based fee award.

How to Avoid a Conduct-Based Fee Award

If you are involved in a Minnesota divorce, it’s important to avoid behaviors that could lead to a conduct-based attorney’s fee sanction. Here are some best practices:

  • Cooperate with court orders and deadlines: Timely compliance with discovery requests, support payments, and parenting time schedules can prevent unnecessary litigation.
  • Engage in good-faith negotiations: Be open to reasonable settlement discussions and avoid unnecessary litigation over minor disputes.
  • Provide full and honest financial disclosure: Transparency in financial matters reduces the risk of being accused of hiding assets or income.
  • Avoid harassment or emotional retaliation: Keep communications civil and professional, particularly when children are involved.
  • Be mindful of legal expenses: Unnecessary motions, refusals to settle, or stalling tactics increase costs for both parties and may result in a court-imposed financial penalty.

Conclusion

Minnesota courts take misconduct seriously in divorce proceedings, and under Minnesota Statute 518.14, they have the authority to impose conduct-based fee awards against parties who unnecessarily drive up litigation costs. Engaging in frivolous filings, hiding financial information, ignoring court orders, delaying proceedings, harassing the other party, or refusing to settle can all justify a conduct-based attorney’s fee award.

If you are facing a high-conflict divorce, it is important to work with an experienced family law attorney who can help you navigate the process while avoiding actions that could lead to financial penalties. By understanding what behaviors courts frown upon and taking a cooperative approach, you can minimize unnecessary costs and work toward a fair resolution of your case.