The person who pays for an annulment is initially the person who files for it. After the initial filing fee, each spouse typically pays their own attorney fees and other legal expenses unless they agree to divide the costs differently or the court orders one party to contribute to the other party’s expenses.
That does not necessarily mean the person who started the case will bear every expense in the end. A court may have authority to award attorney fees, court costs, or witness fees after considering the parties’ financial circumstances and the applicable law.
The important point is that an annulment does not automatically come with a “loser pays” rule. Even when one spouse’s conduct provides the basis for requesting an annulment, the other spouse is not automatically required to pay the entire legal bill. If you’re going through an annulment, contact a Salt Lake City annulment lawyer from Brown Family Law for representation.
Who Pays the Initial Filing Fee?
An annulment begins when one spouse files a petition with the appropriate court. That spouse is called the petitioner. The other spouse is the respondent.
Because the petitioner is the person opening the case, the petitioner generally pays the initial filing fee. The petitioner may also need to pay for:
- Serving the petition and summons
- Obtaining certified records
- Making required copies
- Locating the respondent
- Preparing and filing additional documents
These are initial expenses, not necessarily the final allocation of costs. Paying a fee at the beginning of the case does not prevent the petitioner from asking for reimbursement or requesting an attorney fee award later.
Court filing fees can change, so it is important to check the current court fee schedule rather than relying on an amount quoted in an older article or court form.
Get Clear Guidance for Your Divorce
Does Each Spouse Pay Their Own Attorney?
The usual starting point is that each spouse is responsible for hiring and paying their own attorney. One attorney cannot represent both spouses in an annulment, even if the parties agree on most issues. Their legal interests are separate and may eventually conflict.
The total attorney fees will depend on the amount of work the case requires. A relatively straightforward and uncontested annulment may involve reviewing the facts, preparing the petition, drafting an agreement, and presenting the necessary evidence to the court.
A disputed case may involve substantially more work, including:
- Investigating the facts surrounding the marriage
- Obtaining documents from third parties
- Conducting discovery
- Interviewing witnesses
- Responding to motions
- Preparing evidence
- Attending hearings
- Addressing property, debt, support, or parenting issues
Annulments can require detailed evidence because the person requesting the annulment must establish a legally recognized basis for it. A case does not necessarily become inexpensive simply because the marriage was brief. Brown Family Law can help explain the full cost of your potential annulment case.
A Calmer, Clearer Way Through Divorce
Can the Court Make One Spouse Pay the Other’s Attorney Fees?
In some cases, yes. For example, Utah law permits a court in a dissolution-of-marriage action to order one party to pay the other party’s costs, attorney fees, and witness fees. An annulment is included within Utah’s dissolution-of-marriage chapter.
Under Utah Code § 81-1-203, the court may consider whether:
- The person requesting the award lacks the financial resources to pay
- The other party has the financial resources to contribute
- The requested fees are necessary to prosecute or defend the case
- The amount requested is reasonable
An attorney fee award is not automatic. The person requesting assistance generally must raise the issue with the court and provide financial information supporting the request.
The court may also consider whether all of the claimed legal work was reasonably necessary. Spending a large amount of money on unnecessary arguments does not guarantee that the other spouse will be ordered to reimburse those expenses.
Does the Spouse Responsible for the Annulment Have to Pay?
Not automatically.
People sometimes assume that if an annulment is based on fraud, concealment, or another serious problem, the spouse accused of that conduct must pay all the legal expenses. That is not necessarily how fee awards work.
The basis for seeking the annulment and the question of who pays attorney fees are related only to the extent allowed by the governing law. Proving grounds for annulment do not, by themselves, create an automatic right to reimbursement.
The conduct involved may still affect the case. For example, false statements, missing documents, discovery violations, or unreasonable litigation tactics may increase the cost of the proceedings. Depending on the circumstances and applicable court rules, a judge may impose sanctions or order a party to pay expenses caused by improper conduct.
That is different from saying that the respondent must pay simply because the petitioner receives an annulment.
What Expenses Can Be Part of an Annulment?
Attorney fees are only one part of the potential cost. An annulment may also involve:
- Court filing fees
- Service-of-process expenses
- Record and document fees
- Deposition expenses
- Witness fees
- Expert witness fees
- Discovery expenses
- Mediation costs
- Appraisal or valuation fees
- Fees for obtaining financial or electronic records
Not every case will involve all of these expenses. The cost depends largely on what is disputed and what evidence is needed.
A case involving only the legal status of the marriage may be less expensive than one that also involves a home, business, substantial debt, disputed financial transactions, or children.
Who Pays When the Spouses Agree?
When both spouses agree on the annulment and the related financial issues, they may decide how to divide the expenses as part of their agreement.
They might agree that:
- Each spouse will pay their own attorney fees
- The petitioner will pay the filing and service fees
- The spouses will split particular court costs
- One spouse will reimburse the other for an agreed amount
- Certain expenses will be paid from available joint funds
An agreement can reduce uncertainty, but it should be written clearly. A vague statement that the parties will “share the costs” may create a new disagreement about which expenses are included and when reimbursement is due.
The court must still determine whether an annulment is legally available. Agreement between the spouses does not allow them to create legal grounds that do not otherwise exist. Contact Brown Family Law for more information.
Who Pays in a Contested Annulment?
In a contested annulment, each spouse usually pays their own ongoing legal expenses while the case proceeds. Either party may ask the court for financial assistance when the law permits it.
A contested case can become expensive when the parties disagree about:
- Whether there are sufficient grounds for an annulment
- What one spouse knew before the marriage
- Whether information was concealed
- The credibility of witnesses
- Ownership of property
- Responsibility for debts
- Financial support
- Custody or parent-time
These disputes may require discovery, testimony, records, and additional court hearings. The eventual fee decision may be included in a temporary order, a final judgment, or another order entered by the court.
What Happens to Property and Debts?
An annulment addresses the validity of the marriage, but it does not make property, debt, or financial obligations disappear.
In Utah, a court handling an annulment may make equitable temporary and final orders concerning property, obligations, support, and children when the circumstances described by the statute are present.
This means the court may still need to decide who is responsible for debts incurred during the relationship and how property should be handled. Legal expenses may also become part of the broader financial discussion.
It is risky to assume that every debt will return to the person whose name appears on the account or that using joint funds for an attorney will be accepted without question. Financial decisions made during the case should be documented carefully. Brown Family Law can help
What If You Cannot Afford the Filing Fee?
A person who cannot afford the filing fee may be able to request a fee waiver.
The Utah Courts’ annulment instructions specifically provide that a petitioner who cannot afford the filing fee may ask the court for a waiver. A fee waiver is not automatic. The court will review financial information and decide whether the applicant qualifies.
A waiver may cover certain court-controlled expenses, but it may not cover every cost associated with the case. According to the Utah Courts’ fee-waiver guidance, some expenses, such as certain out-of-state service fees, publication costs, copies, postage, and witness fees, may not be waivable.
Someone who lacks money for an attorney may also ask whether the court can order the other spouse to contribute to reasonable legal expenses. Whether that request will be granted depends on the financial evidence, the applicable law, and the circumstances of the case.
How Can You Keep Annulment Costs Under Control?
The best way to control costs is to focus the case on the facts that legally matter.
Practical steps may include:
- Gathering important records before filing
- Preserving communications and financial documents
- Identifying potential witnesses early
- Separating legal issues from personal grievances
- Responding promptly to requests from your attorney
- Avoiding unnecessary communication battles
- Considering settlement on property or debt issues
- Asking how fees and costs will be handled in any agreement
It is also important to evaluate whether annulment is the appropriate legal remedy. Trying to prove an annulment case without adequate legal grounds can increase expenses and delay the final resolution. Brown Family Law can help you understand if you have a case for annulment.
Contact Brown Family Law for Representation and Advice
The petitioner generally pays the cost of starting an annulment, and each spouse ordinarily pays their own attorney. However, the spouses can agree to a different arrangement, and the court may order one party to contribute to the other party’s reasonable costs and fees when the law permits it.
The answer depends on more than who filed the case or who ultimately receives the annulment. Financial need, ability to pay, the reasonableness of the requested fees, the complexity of the evidence, and the parties’ conduct during the case may all affect the final decision.
If you are considering an annulment in Utah and are concerned about how you will pay for the case, Brown Family Law can help you evaluate your options.
