On January 3, 2018, the Michigan Court of Appeals upheld the
Ingham Circuit Court award of $58,500 in divorce attorney fees in the case of Baker
The Baker’s married in 1998 and filed for divorce on May 31, 2014. The parties had two minor children. Both Mr. & Mrs. Baker sought contribution for attorney fees. Ms. Baker requested $104,000.00 and Mr. Baker requested $45,500.00 in divorce attorney fees. However, Mr. Baker earned substantially more money than Ms. Baker.
Ms. Baker was unemployed from 2003 to 2014 because she was a stay at home mother. She was last employed as a rare breed horse breeder making minimal profit in 2015. Thereafter, Ms. Baker obtained employment as a secretary with Michigan State University. Mr. Baker had substantial income and ability to pay divorce attorney fees.
Divorce Attorney Fees – the law.
In a Michigan divorce case, attorney fees are authorized by both statute, MCL 552.13(1), and court rule, MCR 3.206(C). However, “attorney fees are not recoverable as of right, but rather only if “a party needs financial assistance to prosecute or defend the suit” or the fees were “incurred because of misconduct.” Fees are awarded based on their relative reasonableness and not total fees incurred. Smith v Khouri, The burden of proving reasonableness falls on the party requesting attorney fees.
In awarding Ms. Baker attorney fees, the Baker court examined testimony regarding
the reasonableness on the request. When establishing the reasonableness of a
fee, the court must begin by determining the fee customarily charged in the
locality for similar legal services. The next factor in determining
reasonableness of fees is deciding the reasonableness of hours expended by
counsel. Various other factors to be considered include the difficulty of the
case, the amount involved, and the results obtained.
In sustaining the award of divorce attorney fees, the
Michigan Court of Appeals in the Baker case determined that the requested fees
were reasonable to those customarily charged in the locality and the hours
spent were also reasonable. The Court also considered the difficulty of the
case, the amount involved and the results obtained.
Seeking contribution towards divorce attorney fees is justified when the requested fees are in compliance with the law provided above.
About Findling Law
Findling Law, PLC – 414 W. 5th St. Royal Oak, Michigan 48067
I have been exclusively practicing divorce and family law in Michigan for over two decades. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We are compassionate, creative and always prepared. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
By: Daniel Findling