Who Pays the Attorney’s Fee in Divorce Cases?

One of the most common questions in divorce cases is who pays the attorney’s fee. Under Turkish law, fees are primarily determined by the client–attorney agreement. As a rule, each party pays their own lawyer. However, at the end of the proceedings, the losing party may also be ordered to pay the opposing counsel fee and certain court expenses.

How Are Attorney’s Fees Determined?

  • Client–attorney agreement: Sets out the scope, payment plan, and service details.
  • Minimum Fee Schedule: Cannot be below the schedule published by the Union of Turkish Bar Associations.
  • Scope and effort: Complexity, number of hearings, and evidentiary requirements may affect the fee.

Court Costs and Opposing Counsel Fee

Filing fees, deposits, notifications, expert and discovery costs are considered court costs. At the end of the trial, the judge may order the losing or at-fault party to pay these costs and the opposing counsel fee. This is separate from the contractual fee paid to one’s own lawyer.

Agreed vs. Contested Divorce

Agreed divorce: Parties may decide in the protocol how to share attorney’s fees and other costs; the process is generally quicker.

Contested divorce: More hearings, witnesses, experts, and evidence increase costs. The court may also impose an opposing counsel fee depending on the decision and acceptance/rejection rates.

Legal Aid and Fee Exemptions

Individuals with insufficient financial means may apply to the bar for legal aid. If granted, some costs may be deferred or covered, and a lawyer may be appointed. Each application is evaluated case by case.

Practice in Antalya

The same principle applies in Antalya: each party pays their own attorney, while court costs and opposing counsel fees may be imposed on the losing party. Establishing the right strategy from the start helps minimize future cost risks.

Main Factors Affecting Fees

  • Whether the case is contested or agreed
  • Volume of evidence, experts, and witnesses
  • Number of hearings and total duration
  • Additional requests such as alimony, custody, interim injunctions
Note: This text is for general information. Actual fees and expenses depend on the specifics of the case, the agreement, and the court’s decision.

Conclusion and Recommendation

In principle, each party pays their own attorney, while court costs and opposing counsel fees may be imposed on the losing party. Working with an experienced family lawyer helps protect your rights and minimize unnecessary costs.

Frequently Asked Questions

Who pays the attorney’s fee in an agreed divorce?

Parties may set this in the protocol; otherwise, each pays their own lawyer.

What is the opposing counsel fee and who pays it?

At the end of the trial, the judge may order the losing party to pay an opposing counsel fee to the winning party. This is separate from the contractual fee.

Does legal aid remove all fees and expenses?

Not entirely; depending on the case, some costs may be deferred or covered, and a lawyer may be appointed.

Do you want clarity on attorney’s fees in divorce cases?

You can request a consultation for a personalized assessment of your situation.