– from Dorothy V. in Mukwonago, WI

Question Details:

My husband and I went through a divorce recently. After looking through all the required assets for the property division, the court decided to split the property 50-50. While I am not arguing the property division, I was curious if I can appeal the trial court’s decision regarding attorney’s fees. I was hoping my ex-husband would cover my attorney’s fees as he is better off financially.

Family Law Attorney Response:

Thank you for your question. After reviewing the details and looking over cases, it seems it would be difficult to appeal a trial court’s decision regarding divorce attorney’s fees.

In Kastelic v. Kastelic 119 Wis.2d 280, 350 N.W.2d 714 (Ct. App. 1984), a wife attempted to appeal a trial court’s decision regarding attorney’s fees. The court of appeals agreed with the trial court regarding the fees and also discussed how it is the duty of the trial court judge to assign these fees. Generally, assignments regarding attorney’s fees will only be altered if there is a clear abuse of discretion. Before a trial judge can even make a decision regarding attorney’s fees, he or she must consider the ability of the spouse ordered to pay and the reasonableness in making that spouse pay.

I hope this answers your question. Give me a call if there is any more details that could show there was an abuse of discretion.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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