What authority does the Court have to order attorney's fees for the adverse party in a domestic relations case?

California, United States of America


The following excerpt is from Marshank v. Superior Court In and For Los Angeles County, 180 Cal.App.2d 602, 4 Cal.Rptr. 593 (Cal. App. 1960):

The statutory authority to order one of the parties in a domestic relations case to provide reasonable attorney's fees [180 Cal.App.2d 606] for the adverse party is delineated in sections 137.3 and 137.5, Civil Code. As pointed out in Weil v. Superior Court, 97 Cal.App.2d 373, 375-376, 217 P.2d 975, prior to the enactment of section 137.5 the allowance of attorney's fees against the husband in a divorce action was required to be made to the wife and an order directing payment to the wife's attorney was void. Therefore, the attorney had no direct interest in the allowance made to the wife, his interest therein being indirect and derivative.

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