Can a court order attorney's fees and costs in a divorce proceeding?

California, United States of America


The following excerpt is from Marriage of Holmgren, In re, 130 Cal.Rptr. 440, 60 Cal.App.3d 869 (Cal. App. 1976):

Civil Code section 4370 authorizes a court, in divorce proceedings, to order payment of costs and fees 'reasonably necessary' to maintain or defend proceedings before or after judgment; application for an order for costs and fees 'may be made without notice by an oral motion in open court.' The award of attorney's fees and costs is a matter for the discretion of the court which will not be reversed without a clear showing of abuse. (In re Marriage of Lepez (1974) 38 Cal.App.3d 93, 113, 113 Cal.Rptr. 58.) But where the wife has intrial court or take an appeal, the husband is able to pay a reasonable sum, and neither the initial proceeding nor the appeal are without substantial merit, the trial court commits error in denying any allowance for fees and costs. (Cf. Norris v. Norris (1942) 50 Cal.App.2d 726, 735, 123 P.2d 847.)

Other Questions


When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order? (California, United States of America)
In what circumstances will a court order attorney fees and costs in a dissolution proceeding? (California, United States of America)
Is a motion for attorney fees allowed in a divorce proceeding which "grow[ out of" the divorce proceeding? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can a client pursue attorney fees in small claims court or municipal court for some attorney fees required to mitigate or cure the effects of the lawyer's malpractice? (California, United States of America)
Can a third party be ordered to pay attorney fees and costs in the same proceeding as issues involving the spouses only? (California, United States of America)
In what circumstances will a court grant an award of costs and fees for the untimely filing of a cost memorandum and motion for attorney fees? (California, United States of America)
Does a court have jurisdiction to award costs and attorney fees in a personal injury action where the substantive demand is within the jurisdiction of a municipal court? (California, United States of America)
How have courts treated attorney fees in costs under the California Court of Appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.