Divorce Dex.com: American Rule

Definition American Rule - a general rule holding that the winning side in litigation is not entitled to an award of attorney fees because of success in winning the case.

Application in Divorce Because the American rule has exceptions, in the United States domestic relations courts may award counsel fees and costs to a litigant based on good faith, bad faith, need and ability to pay. This means that a victory in divorce court does not automatically mean the opposing party has to pay the plaintiff’s legal fees.

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Awarding of Legal Fees in a Divorce Case
In a litigated divorce, the most common approach a judge will take in resolving the payment of legal fees is to add up the husband’s and wife’s legal fees and have them paid with a portion of what marital assets are available for distribution. This being said, the accrued legal fees become an integral part of any ruling on a property award.

Contributed on 4/6/2007 by: DivorceDex.com Staff
Category: Legal Fees (Applicable in All States)

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