1. The Losing Party Pays
In divorce cases, the court generally imposes the litigation costs (court fees, expert fees, attorney fees, etc.) on the party that is wrong or loses the case. For example:
If the plaintiff is found to be right in the divorce request, the court costs are charged to the defendant.
If the defendant is found to be wrong or files a counterclaim and loses, he/she may still have to pay the costs.
2. In Case of Mutual Fault
If the parties are found to be equally at fault, the parties may share the court costs between themselves.
3. Attorney Fees
The court may decide that the party that is right must pay the attorney fees of the other party. This fee is usually calculated according to the Attorney Minimum Fee Tariff.
4. Interim Injunctions and Other Temporary Expenses
The expenses incurred for interim measures (for example, alimony requests) during the case are also usually determined according to who is found to be wrong at the end of the case.
5. Expenses in the Supreme Court Process
If the case decision goes to the appeal or cassation stage, the expenses in this process will also be charged to the party who loses the appeal or cassation.
The court pays attention to the following issues when determining who will pay the expenses in the divorce case:
The right and wrong party of the case,
The mutual fault ratio,
Other expenses within the scope of the file.
It is important for a person who is considering filing or defending a lawsuit to consult a lawyer to get detailed information and learn how the expenses will be shared.