Can I make him pay legal fees if he continues to take me back to court?
Divorces can be tricky and complex. Not only is the emotional turmoil difficult to bear, the financial ramifications can make even the most secure of individuals lose sleep. While many divorces are amicable and a settlement is reached rather quickly, there are more than a few that are forced to wrangle their way through the court system. Perhaps you think that you have given everything that your husband wants, only to find that he keeps taking you back to court. This can get quite expensive rather quickly if left unchecked, leaving many clients to wonder if they can make the husband pay if he continues to take his wife back to court. Keep reading to learn more.
The first thing we have to consider when answering this question is why divorces end up in court in the first place. Most marital breakups are settled between the husband and wife, and their respective attorneys. In fact, the inside of a courtroom is often never even broached. However, there are divorces that can get quite ugly, making multiple court appearances necessary. This is when a court can serve a beneficial purpose, as they are designed to help two sides reach an agreement where one could not be settled on before. This might have to do with marital assets, and it could involve complex issues such as child custody, visitation, and child support.
If your husband wishes, he can continually take you back to court to revisit the same issues over and over again. This is his right, and there is often little you can do to stop it short of just agreeing to every unreasonable demand that he might make. There are some wives that have reported getting dragged into court on a weekly basis, creating even more financial and emotional stress than was bargained for. This is actually nothing new, but the husband will need to prove that he is not doing this to be vindictive. If all he is accomplishing is adding to your stress, you might have a case to be made for him to pay up for the court costs. Getting that to happen, of course, is another matter entirely.
It Is Really Up To the Judge
If you want to get your husband to pay up for all of these added court costs, you will need to convince a judge that malicious intent is involved. The legal term for this is Vexatious Litigant. You have to remember that courts are not in the business of making money. They are in operation to ensure that justice is delivered in the end. They do not want their time wasted any more than you do. If you can convince a judge that all of these proceedings are only taking place because of a husband that is fixated on making you suffer, then you might have a case to be made. In essence, you will need to convince the judge that malicious intent was involved to the point that your husband really had no desire to allow the court to reach an amicable conclusion for the both of you. If that is the case, you may be awarded a judgement in your favor in terms of him having to pay for your court fees. However, this is a difficult argument to make.
In order to ensure that justice is served in a divorce proceeding, the judge is usually quite hesitant to limit what one party can file in court. This means that they usually allow multiple filings, and there is often nothing that can be done to stop it. This is particularly true if there are children involved, as parental rights are deemed to be very important within the judicial system. If you can convince a judge to issue an order for your soon to be ex husband to pay the added fees, then you will be most fortunate indeed.