Does a court consider marital misconduct when determining who should be responsible for attorney’s fees?
According to F.S. 61.16 each party should have access to “similar ability to secure competent legal counsel.” In agreement with this statute, fault has usually not been a deciding factor in the court’s decision to sustain or deny attorney’s fees. Despite this, recent cases have brought about alternative elements for sustaining or denying attorney’s fees. The court will analyze how the litigation is handled by each party and use this as a factor for determining legal fees. If it is apparent that one party is inducing unnecessary litigation, the court may consider this conduct while awarding attorney’s fees.