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Can I Recover Attorney Fees & Costs During Divorce?

By Cynthia J. Brown on April 7, 2008
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Attorney-Fee-Recovery

There are two ways for litigants recover attorney’s fees from the other party in a Minnesota divorce. The first involves need-based fees. The second involves fees awarded because of inappropriate behavior (“bad-faith conduct”) on the part of the other party.

For a fee request based on need, the court is required to award fees and costs in order to enable a party to carry on or contest the dissolution if it finds that the fees are necessary for a good-faith assertion of the party’s rights, the fees sought will not contribute unnecessarily to the length and expense of the preceding, the party from whom fees are sought has the ability to pay them, and the party seeking fees does not have the ability to pay them.

A fee award may also be made based upon bad-faith conduct. The fee award will likely be based upon the fact that one party unreasonably contributes to the length or expense of the preceding.  This generally means that a litigant must go above and beyond the norm of advocacy in terms of proceeding with their case. The mere fact they are contesting issues and requesting a trial does not necessarily mean that have engaged in “unreasonable” conduct.

Photo of Cynthia J. Brown Cynthia J. Brown

Cynthia Brown is a founding partner with the Brown Law Offices, P.A. She is an honors graduate of the University of South Dakota and William Mitchell College of Law. Cynthia was admitted to practice in 1998.

After graduating from law school, Cynthia served…

Cynthia Brown is a founding partner with the Brown Law Offices, P.A. She is an honors graduate of the University of South Dakota and William Mitchell College of Law. Cynthia was admitted to practice in 1998.

After graduating from law school, Cynthia served as the law clerk to the Honorable Timothy R. Bloomquist, retired Chief Judge of Minnesota’s Tenth Judicial District. Upon completing her clerkship, Cynthia practiced with a well-known firm in Cambridge, Minnesota. She founded the Brown Law Offices, P.A. in 2003.

Cynthia has handled a wide variety of family law matters throughout Minnesota, including divorce, custody, child protective services, orders for protection and harassment restraining orders.

Early in her career, Cynthia served as a prosecutor, public defender and criminal investigator. In addition to her family practice, Cynthia routinely represents clients facing criminal charges such as DWI, assault, theft and criminal sexual misconduct.

Cynthia founded the Amigos de Guatemala Foundation in 2007. She is a former Board Member and President of the Foundation.

When she is not practicing law, Cynthia enjoys scrap-booking, soap-making, ATV riding and spending time with family.


Areas of Practice
  • Divorce
  • Custody
  • Child Protective Services
  • Restraining Orders
  • Criminal Defense
  • Estate Planning
Bar Admission
  • Minnesota State Bar, 1998
Education
  • William Mitchell College of Law, 1998
  • University of South Dakota, 1995
Joined Firm
  • 2003
Professional Associations & Activities
  • Minnesota State Bar Association
  • Presenter, Various CLE Courses
  • Panel Attorney, Anoka County County Family Law Clinic
  • Monthly Columnist, Minnesota Lawyer Newspaper
  • Author, Family Law Forum
  • Author, Divorce Magazine
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  • Posted in:
    Family
  • Blog:
    Minnesota Family Law Blog
  • Organization:
    Brown Law Offices, P.A.
  • Article: View Original Source

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