Family Law Bench Book

1. Ex parte. Court rules do not specifically provide for an ex parte award of attorney fees and it is not the practice of this county.
   
   
2. Motion requesting other party to pay attorney fees.
   
   
1. To enable a party to bear the expense of the action because s/he is unable to do so without assistance from the other.
2. Requirements of motion:
1. Must be supported by facts showing need [MCR 3.206(C)].
2. The Court requires a detailed outline of:
1. The issues in the case
2. The necessary pretrial discovery
3. The necessary investigation, evaluation, and appraisals
4. Estimated costs and attorney fees
   
   
3. Relief.
   
   
1. The Court may order that a necessary and reasonable sum be paid to the attorney directly by the other spouse or out of the assets over which the court has jurisdiction. (MCR 3.206(C); MCL 552.13, MSA 25.93).
2. There is no standard fee schedule.
3. The Court will seek to balance the resources available to both sides to prevent one-sided negotiations and trial preparations and to promote settlement.
4. If the resources are balanced, both spouses are apt to realize that they can settle some or all of their issues rather than spend all of their resources on a fight.
5. Consideration must be given to the contemplated expense vis à vis the importance and complexity of the issues and the value of the marital estate and income of the parties.
6. The Court might inquire if the opposing spouse's lawyer has received a retainer. If so, the court may equalize the retainers and disbursements.
7. The Court may also set aside assets for costs and fees for one or both parties.
8. The Court may also establish a fund for litigation from which both counsel must agree to payments for costs and fees.