Is a wife entitled to an attorney fee in a divorce action?

California, United States of America


The following excerpt is from Marriage of Pallesi, In re, 140 Cal.Rptr. 842, 73 Cal.App.3d 424 (Cal. App. 1977):

In Henry v. Henry (1960) 182 Cal.App.2d 707, 6 Cal.Rptr. 418, it is stated that the services of an attorney to a wife in a divorce action are indispensable to the protection of her support rights. 'An award of an attorney fee to a . . . wife is an adjudication of her need of such support in order to litigate with her husband upon an equal basis. Without the attorney fee the wife in most cases can obtain no support money or no adequate support; . . .' (182 Cal.App.2d at 711, 6 Cal.Rptr. at 421.) Stated otherwise, 'Money awarded a wife to pay her attorney fee in a divorce case is as much for her support as money for a doctor's fee or a grocery bill.' (Henry v. Henry, supra, 182 Cal.App.2d at 712--713, 6 Cal.Rptr. at 422.)

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