California, United States of America
The following excerpt is from Marriage of Mulhern, In re, 106 Cal.Rptr. 78, 29 Cal.App.3d 988 (Cal. App. 1973):
In Perry v. Superior Court, 7 Cal.App.3d 236, at 243, 86 Cal.Rptr. 607, at 611, it was stated: 'Attorneys' fees in a domestic relations action are not awarded as a 'reward' to the winning party; rather the purpose of the statute is to provide a party with an amount needed to properly litigate the controversy. (Citation.) Awarding of fees is proper only upon a finding of necessity; therefore, the court making the award must consider the respective incomes and needs of husband and wife.'
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