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Counsel Fees: A Tipping Point

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Judith Poller and Joshua Pike authored this article for The Matrimonial Strategist discussing the recent decision in Sykes v. Sykes, which directed that during a divorce litigation, the spouse with less money may be required to pay legal fees, rather than have those fees paid for by the wealthier spouse. Where the litigation continues for years and one party has significant income and also bears sole responsibility for attorneys’ fees, it stands to reason that the court must take action to ensure that both parties have some financial incentive to progress the case and not permit feelings of animosity to govern litigation tactics.

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