Attorney’s Fees

ATTORNEY’S FEES

The Court may order one party to pay a reasonable amount to the other for attorney’s fees, expert fees, investigation fees, costs and suit money incurred in maintaining an action for divorce from the bonds of matrimony, as well as in actions for separate maintenance and support, including sums for services rendered and costs incurred before the commencement of the proceeding and after the entry of judgment, pendente lite and permanently.

The award of attorney’s fees is left to the discretion of the Trial Judge and will not be disturbed unless an abuse of discretion is shown. Failure to offer any evidence on the issue of attorney’s fees, precludes an award. Abbott v. Gore, 403 S.E.2d 154 (S.C. Ct. App.1991).

A determination of attorney’s fees requires consideration of:

1. The nature, extent and difficulty of the case;
2. The time necessarily devoted to the case;
3. Professional standing of counsel;
4. Contingency of compensation;
5. Beneficial results obtained;
6. Customary legal fees for similar services Glasscock v. Glasscock, 403 S.E.2d 313 (1991); Woodhall v. Woodhall, 471 S.E.2d 154 (1996).

Attorney’s fees my be awarded even though there is no finding of contempt. Christy v. Christy, 452 S.E.2d 1 (Ct. App.1994).

Costs may include private detective fees. Ellerbe v. Ellerbe, 473 S.E.2d 881 (Ct. App.1996).

The Family Court may award attorney’s fees incurred in preparing for the fee hearing even if no supporting affidavit is submitted, if the attorneys involved are attendant at trial, under oath, and subject to cross-examination. Taylor v. Taylor, 508, S.E.2d 50 (Ct. App. 1998).

The Family Court can order an adulterous spouse who refuses to admit the adultery to reimburse the other spouse all reasonable and necessary expenses incurred in obtaining evidence of infidelity. Ellerbe v. Ellerbe, 473 S.E.2d 881 (Ct. App. 1996).

The Family Court can award fees for hiring an attorney to testify as to the reasonableness of a party’s attorneys’ billing rate, the time expended, their reputation in the community, their skills, and the quality of their work. Taylor v. Taylor, 508, S.E.2d 50 (Ct. App. 1998).

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.