COURT AWARDED ATTORNEY FEES

How the Courts are to consider awarding attorney fees to one party from the other party is primarily governed by Colorado Revised Statutes 14-10-119. It is a very short statute consisting of two sentences that leaves great discretion to the Judge. Colorado intends the award of attorney fees to level the playing field so that both parties are able to have an attorney represent them in a divorce or custody case. The Court looks at the financial resources of each party and if one has significantly larger resources available to them than the other party, an award of attorney fees can be made on a temporary basis in the beginning of the case as well as on a permanent basis at the end of the case. This is an area where rulings can differ from Judge to Judge under similar fact circumstances. This is a statute that can provide a person with limited financial resources the ability to hire a competent attorney to defend their rights in a case where otherwise such a person would be unable to afford an attorney for their case. This is often a hotly disputed issue in a divorce or custody case.

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