Family Law

Attorney Fees in a Mississippi divorce case?who pays?

By Robert M. Kisselburgh, Esq.

Who pays the attorney in Mississippi divorces?

In general, each party is responsible for paying their own attorney in a Mississippi divorce. However, the chancellor has broad discretion in deciding whether to award attorney fees to one party. The chancellor can award attorneys fees in those instances where the party seeking fees is unable to pay and there is a financial disparity between the two parties. What constitutes an inability to pay is a broad question dependent on the facts of each case.

In those instances where an award of attorney?s fees is justified in a divorce, the 1982 Mississippi Supreme Court decision of McKee v. McKee, 418 So.2d 764 (Miss. 1982) controls. In McKee, the Mississippi Supreme Court held that the trial court shall apply the following factors to determine if attorney fees should be awarded to a party:

Full post as published by Mississippi Family Law Blog on January 08, 2008 (boomark / email).