In Michigan, attorney fees in a divorce action are not recoverable as of right. But a statute, MCL 552.13, allows the trial court to order a party “to pay any sums necessary to enable the adverse party to carry on or defend the action, during its pendency.” A court rule, MCR 3.206(C) allows for the award of attorney fees if (1) A party, at any time, requests that the court order the other party to pay all or part of the attorney fees and expenses related to the action, and (2) The party who requests attorney fees and expenses alleges (and proves) facts sufficient to show that the party is unable to bear the expense of the action, and that the other party is able to pay.
Unreasonable conduct that adds to the cost of a divorce by forcing a party to incur fees and costs because of the other party’s unreasonable conduct in the course of the litigation is also grounds for an award of attorney fees.
Examples of unreasonable conduct that has resulted in a trial court awarding fees and costs include the following: (1) The filing of numerous pretrial motions concerning discovery and related to preserving the property ultimately to be divided between the parties; (2) A refusal or failure to pay spousal support as required by the trial court; (3) Discovery abuse that causes the other party to seek court intervention in order to find out what the marital assets and debts really are; (4) The hiding of assets resulting in extra fees and costs in order to discover them.
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