Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
The court has the discretion to order one party to pay part of the other party�s
attorney fees and costs. Factors which a court should consider in making an award of
attorney fees include: the results of the litigation, the nature of the conduct of the parties,
the financial circumstances of the parties, and the earning capacity of the parties.
Alabama Code 30-2-51.
ALASKA
At any time while a dissolution action is pending, a spouse may apply to the court
for an award of attorney fees and costs required to prosecute or defend the action. The
court shall take appropriate steps to ensure that the award of attorney fees does not
contribute to an unnecessary escalation in the litigation.
AS 25.24.140.
ARIZONA
After considering the financial resources of both parties, the court may order a
party to pay a reasonable amount to the other party for the costs and expenses of
maintaining or defending for dissolution of marriage or other family law procedure. Costs
and expenses may include attorney fees, deposition costs and such other reasonable
expenses as the court finds necessary for the full and proper presentation of the action,
including any appeal.
ARS �25-324.
ARKANSAS
The court may award a reasonable fee for the attorneys of either party. The court
may immediately order that the amount awarded be entered as a judgment and allow a
party to execute upon the marital property for the payment of the allowance, except that
the homestead shall not be executed upon. The court may allow either party additional
attorneys fees for the enforcement of alimony and child support provided for in the
decree. The court shall award a minimum of ten percent of the support amount due or
any reasonable fee, including a contingency fee approved by the court as an attorney
fee incurred to enforce payment of court-ordered child support.
Ark. stat. Ann. 9-12-309, and 9-14-233.
CALIFORNIA
The court shall award reasonable attorney fees to a party after: 1) determining an
ability to pay, and 2) consideration of the respective incomes and needs of the parties to
insure that each party has access to legal representation to preserve all of the parties�
rights.
Cal. Fam. Code �3557.
COLORADO
After considering the financial resources of both parties, the court may order a
party to pay a reasonable amount for the costs to the other party of maintaining or
defending any proceeding.
CRSA �14-10-119.
CONNECTICUT
The court may order either party to pay the reasonable attorney fees of the other
in accordance with their respective financial abilities and also after consideration of the
same factors upon which the court bases its decision for an award of alimony. If the
court appoints an attorney to represent the minor children, the court may order the
parents to pay the reasonable attorney fees of the attorney for the children.
C.G.S.A. �46b-62.
DELAWARE
After considering the financial resources of both parties, the court may order a
party to pay all or part of the cost to the other party of maintaining or defending any
proceeding. The court may order payment of attorney fees, including amounts for legal
services rendered and costs incurred prior to the commencement of the proceeding or
after the entry of judgment. The court has considerable discretion to award fees and
costs in order to allow a financially disadvantaged spouse to properly litigate the divorce
proceedings.
13 DCA �1515. FLORIDA
After considering the financial resources of both parties, the court may order a
party to pay a reasonable amount for attorney fees and costs to the other party. This
includes the fees and costs for maintaining any proceeding, including modification
proceedings and appeals.
FSA �61.16. GEORGIA
The court may award attorney fees as a part of the expenses of litigation. The
award is made within the sound discretion of the court. The court shall consider the
financial circumstances of both parties. The court may award both temporary attorney
fees and attorney fees as a part of the final hearing.
GC �19-6-2. HAWAII
Upon granting a divorce, the court may make such order as appears just and
equitable to allocate between the parties the responsibility for the payment of the debts
of the parties and the attorney fees, costs, and expenses incurred by each party by
reason of the divorce. The court shall take into consideration the respective merits of the
parties, the relative abilities of the parties, the condition in which each party will be left by
the divorce, the burdens imposed upon either party for the benefit of the children, and all
other circumstances of the case. An order for payment of debts and attorney fees shall
be final and conclusive as to both parties, subject only to appeal as in any other civil
case. While an appeal is pending, the court shall have the power to order either party to
pay reasonable amounts for the expenses of the appeal including attorney fees and
costs. When the court hears any motion for modification of child support or
maintenance, the court may order either party to pay or contribute to the payment of
attorney fees and costs of the other party relating to the motion and hearing as shall
appear just and equitable after consideration of the respective merits of the parties, the
relative abilities of the parties, the economic condition of each party at the time of the
hearing, the burdens imposed upon either party for the benefit of the children, and all
other circumstances of the case.
HRS �580-47. IDAHO
After considering the financial resources of both parties and after considering the
same factors used by the Court to determine an appropriate amount of spousal
maintenance, the Court may order either party to pay a reasonable amount for the fees
and costs incurred by the other party in order to maintain or defend the proceeding. The
award may include attorney fees and costs incurred prior to the commencement of the
proceeding or after entry of the final judgment. The Court may order that the amount
be paid directly to the attorney who may enforce the order in his or her name.
IC �32-704 and 32-705. ILLINOIS
After considering the financial resources of the parties, the court may order any
party to pay a reasonable amount for costs and attorney�s fees for the purpose of
enabling a party lacking sufficient financial resources to obtain legal representation. In
every proceeding for the enforcement of an order or a judgment when the court finds
that failure to comply with the order or judgment was without cause or justification, the
court shall order the party against whom the proceeding is brought to pay the costs and
reasonable attorney fees of the prevailing party.
750 ILCS 5/508. INDIANA
The court may order a party to pay a reasonable amount of attorney fees and
costs to the other party to cover the cost of maintaining or defending any proceeding.
The court can award an amount for fees incurred prior to the commencement of the
dissolution or after entry of judgment. The court may order the amount to be paid
directly to the attorney.
AIC �31-1-11.5-16. IOWA
The court has the discretion to award attorney fees and costs to one party from
the other. The award of attorney fees rests solely within the discretion of the court. The
court bases an award of fees and costs upon the financial positions of the parties.
ICA Section 598.21. In a proceeding for the modification of an Order or Decree, the court may award
attorney fees to the prevailing party in an amount deemed reasonable by the court.
ICA Section 598.36.
KANSAS
Attorney fees and costs may be awarded to either party as justice and equity
require. The court may order that the amount be paid directly to the attorney.
KSA �60-1610(b). KENTUCKY
After considering the financial resources of both parties, the court from time to
time may order a party to pay a reasonable amount for the cost to the other party of
maintaining or defending a dissolution or other proceeding. The court may also order an
amount for attorney fees and costs incurred prior to commencement of the proceedings
or after entry of judgment.
K.R.S. �403.220. If a party fails to comply with a provision of a decree or temporary order, the other
party may move the court to grant an appropriate order. In a case of denial of visitation,
the court may award attorney fees to the prevailing party if the court finds no reasonable
cause for denying visitation.
K.R.S. �403.240.
LOUISIANA
The court may order either party to pay all or part of the attorney fees and costs
of the other party. An award of attorney fees and costs is based upon whether the fees
and costs are considered a separate or a community obligation. If it is a community
obligation, then both parties are equally responsible for the expense.
RS 9:2801. When the court renders judgment in an action to enforce child visitation rights,
the court shall, except for good cause shown, award attorney fees and costs to the
prevailing party.
RS 9:375.
MAINE
At any time while the divorce case is pending, the court may order either party to
pay to the other party or to that party�s attorney sufficient money for the prosecution or
defense of the proceeding. When making a final decree, the court may order a party to
pay reasonable attorney fees. In making an award of attorney fees and costs, the court
considers the relative financial positions of the parties, the conduct of the parties during
the proceeding, and the relative capacity of the parties to absorb the costs of litigation.
19 MRSA �722. MARYLAND
The court may award to either party the costs and attorney fees that are just and
proper under all the circumstances in any case in which a person 1) applies for a decree
or a modification of a decree concerning the custody, support or visitation of a child with
the parties involved; or 2) files any formal proceeding to recover child support
arrearages, to enforce child support or to enforce custody or visitation terms in a decree.
Before a court may award costs and attorney fees, the court shall consider the financial
status of each party, the needs of each party, and whether there was a substantial
justification for bringing, maintaining or defending the proceeding. If the court finds that
there was not a substantial justification for proceeding, and if the court cannot find a
good cause to the contrary, the court shall award cost and attorney fees to the other
party.
ACM �12-103. The court may also order either party to pay to the other party an amount for the
reasonable and necessary expense of prosecuting or defending a proceeding involving
alimony or modification of an award of alimony. The court considers the financial
resources and needs of both parties and whether there was a substantial justification for
prosecuting or defending the proceeding.
ACM �11-110.
MASSACHUSETTS
The court has discretion to award attorney fees and expenses to either party. An
award of attorney fees and costs may be awarded directly to the attorney for a party.
The judge of Probate Court has considerable discretion to award attorney fees to a party
to enable that party to prosecute or defend the divorce action or any proceedings
subsequent to the decree.
ALM 208 �38. MICHIGAN
The court may order either party to pay any sums necessary to enable the
adverse party to carry on or defend the action. The court may award costs against either
party. The court may direct that fees and costs be paid out of any property. The main
consideration by the court is whether ordering payment of the other party�s attorney fees
is necessary to enable the party to defend or prosecute the divorce action.
MCLA �552.13. MINNESOTA
The court shall award attorney fees, costs, and disbursements in an amount
necessary to enable a party to carry on or contest the proceeding, provided the court
finds that 1) the fees are necessary for the good faith assertion of the parties' rights in
the proceeding and will not contribute unnecessarily to the length and expense of the
proceeding, and 2) the party from whom fees are sought has the means to pay them,
and 3) the party to whom fees are awarded does not have the means to pay them. The
court may also award, in its discretion, additional fees and costs against a party who
unreasonably contributes to the length or expense of the proceeding.
Minn. Stat. �518.14. MISSISSIPPI
The Chancery Court has considerable discretion to make an award of attorney
fees and costs to either party. The court considers the relative financial circumstances of
the parties and whether the parties have the ability to pay attorney fees and costs to
maintain or defend the divorce action or any modification action. The court considers the
equities involved, such as whether a party was reasonable in his or her pursuit in claims
in the case.
MC 93-5-23. MISSOURI
After considering all relevant factors including the financial resources of both
parties, the court may order a party to pay a reasonable amount for the cost to the other
party of maintaining or defending any proceeding. This may include attorney�s fees,
including sums for legal services incurred prior to the commencement of the proceeding
or after entry of Judgment. The court may order that the amount be paid directly to the
attorney. In any proceeding in which the nonpayment of child support is an issue under a
temporary or permanent court order or decree, if the court finds that the obligor has
failed without good cause to comply with the order or decree to pay the child support, the
court shall order the obligor to pay the custodial parent a reasonable amount for fees
and costs incurred to make the motion for nonpayment of support.
VAMS �452.355.
MONTANA
The court, from time to time, after considering the financial resources of both
parties, may order a party to pay a reasonable amount for the cost to the other party of
maintaining or defending any proceeding. The party may also ask for attorney fees,
including sums for legal services rendered and costs incurred prior to the
commencement of the proceeding, or after entry of judgment. The court may order that
the amount be paid directly to the attorney, who may enforce the order in his name.
MCA 40-4-110. NEBRASKA
In every action for dissolution of marriage or legal separation, the court may
require the husband to pay any sum necessary to enable the wife to maintain the action
while it is pending. At the time of a decree of dissolution or legal separation, the court
may award costs and fees to either party, in the discretion of the court.
Reissued Revised Statutes 42-367. NEVADA
At any time while the case is pending or as a part of the divorce decree, the court
may order either party to pay attorney fees and costs to enable the other party to carry
out or defend the action. In considering the amount of an award, the court shall take into
consideration the financial situation of each of the parties.
NRS 125.040 and 125.150.3. NEW HAMPSHIRE
The court may order either party to contribute towards the attorney fees of the
other, based upon a consideration of the same factors the court determines in making an
equitable division of property. In any proceeding in which a party alleges and the court
finds that the other party has failed, without just cause, to obey a prior order or decree,
the court shall award reasonable costs and attorney fees to the prevailing
party.
RSA 458:16-a and 458:51. NEW JERSEY
The court may order one party to pay a retainer on behalf of the other for expert
fees and attorney fees, when the respective financial circumstances make the award
reasonable and just. The court shall review the financial capacity of each party to
conduct the litigation, and the criteria for award of attorney fees which are pertinent, as
set forth by any applicable court rule. The court shall also consider whether either party
has acted in bad faith.
NJSA 2A:34-23; and Rule 4:42-9, New Jersey Rules of Court. NEW MEXICO
The court has the discretion to award either party attorney fees and costs, in an
amount as will insure either party an efficient appropriation and presentation of his case.
The court considers all of the financial circumstances in determining whether to make an
award, and how much to award, for attorney fees.
�40-4-7 NMSA. NEW YORK
The court may order either spouse to pay a sum of money directly to the attorney
of the other spouse to enable that spouse to carry on or defend the action or proceeding.
The court has the discretion to award an amount of attorney fees and expenses which
justice requires, having regard to the circumstances of the case and of the respective
parties. The court may make an award of attorney fees and costs in the final judgment,
or at any time before final judgment, or both. The court may make an award of attorney
fees and expenses in any action to modify or terminate an award of custody, child
support, or spousal maintenance. The court may award attorney fees and expenses which includes, but is not
limited to, accountant fees, appraisal fees, investigative fees or any other fees that the
court may determine to be necessary to carry on or defend an action or proceeding. In
determining the appropriateness and necessity of the fees, the court shall consider: 1)
the nature of the marital property involved; 2) the difficulties of identifying and evaluating
the property; 3) the services rendered and an estimate of the time involved; and 4) the
financial status of the party requesting an award of fees and expenses.
Domestic Relations Law �237.
NORTH CAROLINA
In a divorce action which involves the custody or support of minor children,
including a motion for modification of an existing order or decree, the court may, in its
discretion, order payment of reasonable attorney fees to a party acting in good faith who
has insufficient means to pay the expenses of the suit. However, if the court finds that
the supporting party has initiated a frivolous action or proceeding, the court may order
payment of reasonable attorney fees to the other party as deemed appropriate under the
circumstances. At any time that a dependent spouse would be entitled to alimony, the
court may award reasonable attorney fees for the benefit of such spouse, to be paid and
secured by the supporting spouse in the same manner as alimony.
GS �50-13.6 and 16.4. NORTH DAKOTA
The Court has the discretion to order one party to pay all or part of the attorney
fees of the other party. The award of attorney fees is solely up to the discretion of the
Court.
NDCC �14-05-23. OHIO
The court may award reasonable attorney fees to either party, at any stage of the
proceedings, if it determines that the other party has the ability to pay the fees that the
court awards. When the court determines whether to award reasonable attorney fees to
any party, it shall determine whether either party will be prevented from fully litigating his
rights and adequately protecting his interests if the court does not award reasonable
attorney fees.
ORC 3105.18(H). OKLAHOMA
Upon granting a decree of divorce, the court may require either party to pay such
reasonable expenses of the other as may be just and proper under the circumstances.
In its discretion, the court may make an award of attorney fees and costs to either party,
incurred in subsequent actions for enforcement or modification of any order or decree.
Court ordered payments of attorney fees and costs shall accrue interest at the rate of ten
percent per year from the date the payments are due.
43 Okl.St.Ann. �110 and �114. OREGON
The court may order either party to pay the attorney fees and expenses of the
other party, for such amount of money as the court finds was reasonably necessary to
enable the other party to prosecute or defend the dissolution action. In any modification
proceedings, and in any contempt proceedings brought to compel compliance with any
order or decree, the court may also make an order awarding to a party, or directly to the
party�s attorney, a reasonable amount for attorney fees and costs.
ORS 107.105(1)(i) and 107.445. PENNSYLVANIA
The court may order that each party pay his or her own attorney fees and costs,
or the court may order that attorney fees and costs be divided equably as it shall appear
just and reasonable under all the circumstances of the case. The purpose of awarding
attorney fees in a divorce case is to promote the fair administration of justice by enabling
a party to maintain or defend the action without being placed at a financial disadvantage.
Factors to be considered in awarding attorney fees include the financial resources and
ability to pay of the parties, the reasonable value of the services rendered, and the
property each party is being awarded pursuant to the courts order for equitable
distribution of assets.
23 Pa.C.S.A. � 3323 (e). RHODE ISLAND
The Family Court may order either of the parties to pay attorney fees to the other.
In determining the amount of attorney fees, the court shall consider the length of the
marriage, the conduct of the parties during the marriage, the health and age of the
parties, the income of the parties, the vocational skills and employability of the parties,
and the liabilities and needs of each of the parties.
GLRI 15-5-16. SOUTH CAROLINA
After considering the financial resources and marital fault of both parties, the
court may order one party to pay a reasonable amount to the other for attorney fees,
expert fees, investigation fees, costs, and other expenses incurred by the party in
maintaining the action for divorce. The award may include amounts for legal services
and costs incurred before the action was commenced and after a final divorce decree.
Any attorney whose client has been awarded an attorney fee by the Family Court may
petition the court for an order to enforce the payment of such fee. Any award of attorney
fees shall constitute a lien upon the property owned by the person obligated to pay the
fees.
1976 Code �20-3-130(H), �20-3-125, and �20-3-145. SOUTH DAKOTA
The court has full discretion to order one party to pay the other party reasonable
attorney fees and costs incurred to prosecute or defend the divorce action. Factors
considered by the court are the property awarded to each party, the relative income of
the parties, whether the property of the parties is in liquid or fixed assets, and whether
the actions of either party increased unreasonably the amount of attorney fees.
S.D.C.L. 25-4-38. TENNESSEE
The court has the discretion to order either party to contribute towards the
attorney fees and costs of the other party. The court can order such fees and costs to
be paid out of the property of the parties. The trial court has wide discretion on
determining whether to order one spouse to pay for attorney fees and expenses of the
other spouse.
TCA �36-4-122. TEXAS
There is no specific statute in Texas expressly allowing the court to order one
party to pay the attorney fees and costs of the other party. However, the Texas courts
award attorney fees as a part of determining an equitable distribution of the marital
estate. In determining an award of attorney fees, the court considers the needs of the
parties and all surrounding circumstances.
V.T.C.A., Family Code �3.63. There is a specific statute authorizing the court to award costs and expenses of
the proceeding to any party, as the court deems reasonable.
V.T.C.A., Family Code �3.65.
UTAH
The court may order a party to pay the costs, attorney fees, and witness fees,
including expert witness fees, of the other party, to enable the other party to prosecute or
defend the action. Either party may move the court for an order for fees and costs. The
motion shall be accompanied by an Affidavit setting forth the factual basis for the motion
and the amount requested. The court may grant the motion if the court finds that: 1) the
moving party lacks the financial resources to pay the costs and fees; 2) the non-moving
has the financial resources to pay the costs and fees; 3) the costs and fees are
necessary; and 4) the amount of the costs and fees are reasonable. The order shall
specify the costs and fees to be paid within 30 days of entry of the order, or the court
shall enter findings of fact that a delay in payment will not create an undo hardship to the
moving party and impair the ability of that party to prosecute or defend the action.
In any action to enforce a court order, the court may award costs and attorney
fees upon determining that the parties substantially prevailed upon the claim or defense.
UCA 30-3-3 and Rule 4-911, Utah Code of Judicial Administration. VERMONT
In its discretion the court may award attorney fees and costs to either party. The
court may consider the same factors used by the court in determining how to make an
equitable division of the property of the parties. If the court has made an award for
attorney fees, the attorney for that party may recover the award by a civil action or by
contempt proceedings brought in the attorney�s own name, either with or without the
consent of the client.
15 VSA Section 607. VIRGINIA
The court may award attorney fees and costs to either party, based upon a
consideration of all financial circumstances, and as equity and justice may require.
CV �20-99.5. WASHINGTON
The court, from time to time, after considering the financial resources of both
parties, may order a party to pay a reasonable amount for attorney fees and costs for the
other party to maintain or defend any proceeding. This may include sums for legal
services rendered and costs incurred prior to the commencement of the proceeding, or
for enforcement or modification proceedings after entry of the dissolution decree.
RCW �26.09.140. If a party fails to comply with a provision of a decree or temporary order regarding
child support or custody, the party�s actions may be deemed bad faith and shall be
punished by the court by holding the party in contempt of court and by awarding to the
aggrieved party reasonable attorney fees and costs for bringing a motion for contempt of
court. On a second failure, within three years, to comply with a residential provision of a
court-ordered parenting plan, the party in violation of the decree may be required to pay
all costs and reasonable attorney fees incurred as a result of the non-compliance, and a
civil penalty of at least $250.
RCW �26.09.160.
WEST VIRGINIA
The court may order either party to pay attorney fees and costs reasonably
necessary to enable the other party to prosecute or defend the action in court.
Reasonable attorney fees can be awarded in addition to alimony and distribution of
property. When it appears to the court that a party has incurred attorney fees and costs
unnecessarily because the opposing party has asserted unfounded claims or defenses,
thereby delaying or diverting attention from valid claims or defenses asserted in good
faith, the court may order the offending party, or his or her attorney, or both, to pay
reasonable attorney fees and costs to the other party.
WV Code �48-2-13. WISCONSIN
After considering the financial resources of both parties, the court has the
discretion to order either party to pay a reasonable amount to the other party for the cost
of maintaining or responding to an action affecting the family. This includes attorney
fees.
Wis. Stat. �767.262. WYOMING
In every action brought for divorce, the court may require either party to pay any
sum necessary to enable the other party to carry on or defend the action.
W.S. 20-2-111. |
