by Robin Roshkind, Esquire, West Palm Beach, Florida
In divorce cases, because one side cannot control the actions of the other, divorce lawyers work on an hourly basis at a specified hourly rate. The hourly rate itself can vary from attorney to attorney, but most divorce lawyers will work a case on an hourly basis. There are certain normal procedures in the life of a divorce case. Things like mandatory disclosure due dates, motions, mediations, and temporary relief hearings. However, where one party intentionally, vindictively, and vexatiously either delays the case, files unnecessary pleadings, or stalls the matter by disobeying court orders, the offended party may request the court award him/her attorneys fees and costs from the offending party under Rosen v. Rosen and other cases that came after that case in time. The language and meaning is clear: Should one spouse cause a the other to incur unnecessary or unreasonable attorneys fees and costs due to vexatious litigation, the court should award attorneys fees and costs for that.
This award of fees and costs is very different from the statutory award of fees and costs under the “need of one spouse and the ability of the other spouse to pay” attorneys fees and costs due to a substantial difference in incomes or assets. That is a different pleading with a different legal basis, even though an award of attorneys fees and costs is the same result, but for different purpose. For more information about this or other divorce topics, call one of the divorce lawyers at Robin Roshkind, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.