Who Pays for the Attorney in Family Law Cases?
When going through a divorce or custody battle in Arizona, one of the most common concerns clients have is, “Who pays for the attorney?” Family law disputes can be emotionally and financially draining. Fortunately, Arizona law allows judges to award attorney’s fees in certain family law cases, depending on several key factors.
Arizona Law on Attorney’s Fees
Under A.R.S. § 25-324, Arizona courts may order one party to pay some or all the other party’s legal fees in a family law matter. This includes cases involving divorce, legal separation, child custody, spousal maintenance, and post-decree modifications.
But this doesn’t happen automatically. The court weighs two primary factors:
- The financial resources of both parties
- Whether either party acted unreasonably during the litigation
Let’s explore both.
Financial Disparity Between Parties
Courts aim to ensure that both parties have equal access to legal representation. If one spouse earns significantly more or controls most of the marital assets, the court may order them to contribute to the other spouse’s legal fees. This is especially common when one party is a stay-at-home parent or hasn’t worked for years.
For example, if a high-earning spouse files for divorce and the other has no income, the court may award interim attorney’s fees early in the case to help the lower-earning spouse obtain fair legal support.
Unreasonable Behavior in Litigation
Courts also use attorney’s fees as a tool to deter bad behavior during litigation. If one party:
- Delays court proceedings unnecessarily
- Refuses to follow court orders
- Files frivolous motions
- Fails to disclose financial information
…then they may be ordered to pay the other party’s fees. This serves both as a penalty and a way to compensate the party who had to spend more money defending against unnecessary legal tactics.
What the Court Considers
Each request for attorney’s fees is fact specific. Judges will consider:
- The overall conduct of the parties
- The complexity of the case
- The reasonableness of each side’s legal positions
- Whether the requested fees are reasonable in amount
Supporting your request with detailed billing records and clear evidence of bad faith or financial need increases the likelihood of success.
When Fees May Be Denied
Even when there’s a financial imbalance, courts don’t always award fees. If both parties act in good faith and the legal arguments are legitimate, each side may be responsible for their own costs. Likewise, a party who acts unreasonably may still not be sanctioned with having to pay their spouses’ attorney fees if the Court finds that the offending spouse does not have the financial means to pay the award.
Practical Tip: Ask Early
If you believe your spouse should cover your legal fees, bring it up with your attorney early. Courts can grant temporary orders for fees at the start of the case (called pendente lite requests), allowing you to fund your legal representation while the case is pending.
Get Skilled Legal Guidance
Navigating attorney’s fees in Arizona family law cases is nuanced and often contentious. Whether you’re seeking fees or defending against a request, having experienced legal representation is essential.
At Rideout Law Group, we understand the financial stress family law cases bring. Our team helps clients across Scottsdale, Lake Havasu, and Phoenix fight for fair outcomes—including equitable handling of legal fees.
Contact Rideout Law Group Today
If you’re involved in a family law dispute and want to explore whether attorney’s fees can be awarded in your case, our experienced team is here to help.
📍 Scottsdale Office
Rideout Law Group
11111 N Scottsdale Rd, Suite 225
Scottsdale, AZ 85254
📞 (480) 584-3328
📍 Lake Havasu Office
Rideout Law Group
2800 Sweetwater Ave, Suite A104
Lake Havasu City, AZ 86406
📞 (928) 854-8181
📧 Contact us online: www.rideoutlaw.com
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