Attorney's Fees in Arkansas Family Law Cases

What are attorney’s fees? And who pays for them? 

Despite the funny image above, attorney’s fees are NOT about winners and losers and often have nothing to do with the outcome of the case.

Each party is typically responsible for their own attorney’s fees. However, the judge has the discretion to order one side to pay a portion (or all) of the other side’s fees. 

In what situations would a court order attorney’s fees? 

The most common situation where the judge would order attorney’s fees is when a party does not do what they are supposed to do. This would include a contempt case, where a party willingly disobeys a court order. A contempt case can also carry more serious consequences, such as jail time. 

This could also include a motion to compel where the other party did not answer discovery like they were supposed to, either by not turning over information that was requested, or by not answering by the deadline. 

The judge can also award attorney’s fees if a case was not filed or litigated in good faith, meaning that it should not have been filed or pursued in the first place. 

Also, if one of the parties acted so badly or testified so falsely that the judge wants to punish them for their behavior, then the judge can award fees in that situation too. 

Lastly, in a divorce case where a spouse has depended on the other party for support during the marriage, the judge can award attorney’s fees similar to alimony.

How much would the attorney’s fees be? 

The judge has wide latitude and discretion in ordering the amount of attorney’s fees to be paid. An award can start as little at $150 for a minor infraction and go up to $5,000 or more for a major infraction. 

How common are attorney’s fees? 

Attorney’s fees are not commonly awarded. You should expect to pay your own attorney’s fees. You should also be on your best behavior and follow the court’s orders and deadlines so that attorney’s fees are not ordered against you. 

Any other questions? 

Just let us know! The attorneys at Leslie Copeland Law & Mediation are here to help.