Divorce Dex.com: Charging Lien

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Definition Charging Lien - the right of a lawyer to be paid from the proceeds of the final divorce settlement.

Application in Divorce In most jurisdictions, charging liens in divorce cases are seen as violation of the canons of ethics. The reason being as it is seen as a contingency fee, that is paid based on the outcome.

A spouse can petition the court to have the opposing party pay his or her legal fees if desired, but by no means is this outcome automatic. Most legal fees absorbed by both parties during the divorce are kept separate from the property award. This being said, yes lawyers do get stuck not getting paid, but to protect against this they often have a retainer fee, which secures payment throughout the entire divorce process.

See Canons of Legal Ethics.

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Spouse Paying the Legal Bills
A non-working spouse of a lengthy marriage can expect that the opposing spouse will be paying all the legal bills. This is not automatic, but is normally the case unless legal fees have been accumulated foolishly by refusing a fair settlement. Also, this is somewhat contradictory if the legal fees are paid for out of the marital assets before they are divided by the court.

Contributed on 6/20/2007 by: DivorceDex.com Staff
Category: Legal Fees (Applicable in All States)

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