Sometimes, nominal damages (a symbolic payment of $1) are awarded in vindication where no real loss can be demonstrated. Generally, punitive damages are awarded only when compensatory or actual damages have been sustained.

In the calculation of damages, many factors come into play, including economic loss, injury, and pain and suffering. Pain and suffering is a term big enough to include not only physical discomfort and bodily distress but also emotional trauma and mental anguish.

Within the term damages are categories, but the most common is called actual damages, which are "real, substantial and just."

In divorce actions, a lawyer is not permitted to graduate his fee based on the size of the property settlement. Success fees in divorce actions are considered unethical.

Alimony, maintenance and child support are not considered damages.

Monetary damages are not normally part of divorce actions, but marital torts, which are now more common, permit spouses to sue each other for damages.

Your Suggestion

1. Contingency Fees
   Contingency fees -- where the lawyer is paid on the basis of the amount recovered -- are not permitted in divorce actions. In personal injury cases, such fees are often regulated by court rule or statute. See ABA, Model Rules of Professional Conduct, Rule 1.5(c), (d).
   Contributed on 7/10/2007 by: DivorceDex.com Staff

   Category: Legal Fees   (Applicable in All States)

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