Who pays for the attorney fees during a Wisconsin divorce trial? | Sterling Law Offices, S.C. global $post;
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 – from Roger Z. in North Prairie, WI

Question Details:

My wife and I were married for 14 years. During the first two years of marriage, I was in school for my M.B.A. and my wife worked full-time. We now have three minor children and my wife has been a full-time homemaker since I started my business career. During the divorce, the court awarded out the property division and family support equally. However, the judge decided I am in charge of the attorney’s fees for both parties. My wife is capable of getting a job but chooses to remain home. Should I still be liable even if she could pay them herself?

Family Law Attorney Response:

A judge’s ruling in a trial court can be appealed, however it is important to understand an appeal may not go your way.

In the case of Holbrook v. Holbrook, 103 Wis.2d 327, 309 N.W.2d 343 (Ct. App. 1981) the court ruled marital estate assets are valued at the date of the divorce; what is a mere possibility for the future will not be reviewed by a judge, as it is still only a possibility. However, if an appellate judge looks at all the facts and believes the trial court made a mistake, the appellate court can reverse certain awards.

In order to better understand your current situation, more details are needed regarding both parties and income. Give me a call so we can discuss this in great detail to find a stronger answer of if you should appeal or not.

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


Managing Partner

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