Fortunately, many of the claims in a divorce or family law case in North Carolina allow for the person who has less income to receive attorney’s fees from their spouse. You may not receive
attorney’s fees from the other party in a property division case (Equitable Distribution) or in an absolute divorce case.
However, for civil contempt, child support, child custody, post separation support and alimony cases, the economically disadvantaged parent may be entitled to attorney’s fees. Unfortunately, attorney’s fees are often not awarded until the end of the case. Therefore, you may need to retain a lawyer to enforce your rights and then try to collect the fees at the end. In some Equitable Distribution cases, your attorney may be willing to do the case on a contingency fee basis.
Eric C. Trosch
Board Certified Specialist in Family Law