Can I seek attorney fees from my spouse for being unreasonable?

Yes, you can seek attorney fees paid by your spouse if your spouse's actions during the divorce process can be considered “overtrial.”

Overtrial is a Wisconsin-specific doctrine that can be asserted in family law cases when you believe that the other party’s unreasonable approach to litigation causes you to incur extra and unnecessary attorney fees and court costs.

If the other party is taking action that is resulting in "unnecessary proceedings,” the court can issue sanctions against that party with the objectives of “deterring unnecessary use of judicial resources” and "compensating the victimized party for fees unnecessarily incurred." 

Contact our family law attorneys at Divergent to see if overtrial could be established for your case.