Understanding Legal Fees in Minnesota Divorce Cases

Under Minnesota law, divorcing parties have multiple options for addressing the payment of legal fees, including liquidating marital assets or seeking a fee award from their spouse. However, these methods involve specific legal considerations, particularly under Minnesota Statute § 518.14. Understanding your rights and obligations can help you navigate legal fees effectively.

If you need legal assistance with attorney’s fees in a Minnesota divorce, contact Barna, Guzy & Steffen at (763) 783-5146.

Liquidation of Marital Assets for Legal Fees

Minnesota law allows a spouse to liquidate marital assets to cover legal fees during a divorce. However, courts may later account for these liquidated funds when dividing marital property, potentially assigning the cost to the spouse who used the assets. Before liquidating marital funds, it’s crucial to consult an attorney to understand the possible impact on property distribution.

Fee Awards in Minnesota Divorce Cases

Another way to fund divorce-related legal fees is through a fee award from your spouse. Under Minnesota Statute § 518.14, fee awards are granted on two primary bases:

Need-Based Fee Awards

Need-based fee awards ensure that both spouses can assert their rights, regardless of financial circumstances. To qualify, the requesting party must demonstrate:

  • Necessity: The fees are required to protect their legal rights.
  • Inability to Pay: The requesting spouse lacks the financial resources to afford legal fees.
  • Ability to Pay: The other spouse has the financial means to cover the requested fees.

These awards are not punitive but are intended to ensure fair access to legal representation.

Fault-Based Fee Awards for Bad Faith Conduct

Fault-based fee awards are granted when one spouse’s misconduct unnecessarily increases legal costs. Courts may order a party to cover legal fees if they engage in bad-faith actions, such as:

  • Failing to provide required discovery responses.
  • Filing frivolous or repetitive motions.
  • Failing to appear in court or file necessary documents.
  • Damaging marital property or incurring debt in the other spouse’s name.
  • Engaging in harassment or abusive behavior.

To obtain a fault-based fee award, the aggrieved spouse must file a motion and provide evidence of misconduct.

Legal Guidance from Experienced Attorneys

If you’re facing concerns about legal fees, our Minnesota divorce attorneys can help you:

  • Evaluate eligibility for a need-based or fault-based fee award.
  • File motions to recover legal fees and costs.
  • Develop a legal strategy to protect your financial interests.

FAQ: Legal Fees in Minnesota Divorce Cases

Can I use marital assets to pay for legal fees?

Yes, but courts may account for these liquidated funds when dividing marital property, potentially reducing your share. Consult an attorney before using marital assets.

What are fee awards in a Minnesota divorce?

Fee awards are court-ordered payments from one spouse to cover the other’s legal fees. They can be:

  • Need-Based: Granted when one spouse lacks funds but the other can afford legal costs.
  • Fault-Based: Awarded when a spouse’s bad-faith conduct increases legal expenses.

What qualifies for a need-based fee award?

To qualify, you must prove:

  • The fees are necessary to assert your legal rights.
  • You lack the financial ability to pay for an attorney.
  • Your spouse has the financial ability to cover your legal fees.

What constitutes bad faith in divorce proceedings?

Bad faith occurs when a spouse’s actions unnecessarily delay proceedings or increase legal costs. Examples include:

  • Filing frivolous motions.
  • Failing to cooperate in discovery.
  • Hiding assets.
  • Harassing the other spouse.

How do I request a fee award for bad-faith conduct?

You must file a motion with the court, detailing the misconduct and financial impact. Supporting evidence, such as emails, court records, or financial statements, strengthens your claim.

Can my spouse be ordered to pay all my legal fees?

Courts may require a spouse to pay some or all legal fees, depending on the requesting spouse’s financial need, the other spouse’s ability to pay, and any misconduct.

What happens if I liquidate marital assets for legal fees?

Courts may later assign the cost of liquidated assets to you during property division. This could reduce your share of marital property.

How can an attorney help with legal fees in a divorce?

An attorney can:

  • Assess your eligibility for fee awards.
  • File motions for legal fee recovery.
  • Protect your financial interests in marital asset division.
  • Advise on legal fee strategies.

What should I do if my spouse is engaging in bad-faith behavior?

Document their actions and consult an attorney immediately. Your lawyer can help file a motion to recover fees resulting from misconduct.

How do fee awards affect property division?

Courts may consider legal fees when dividing marital property. If a spouse uses marital funds for legal costs or is ordered to pay the other’s fees, this may impact the final division of assets.

Contact Barna, Guzy & Steffen Today

If you need help with attorney’s fees in a Minnesota divorce, contact our experienced attorneys for legal guidance. Call (763) 783-5146 to schedule a consultation with a trusted Minnesota divorce lawyer at Barna, Guzy & Steffen.