The court considers the financial resources (income and assets) of both parties in determining whether there should be an award of attorney’s fees. Generally speaking, the court wants there to be a level playing field when it comes to both parties having representation.
In determining temporary attorney fees, if one party does not have the financial ability to hire an attorney and the other party has income (and/or assets), then this is a scenario where the court would most likely award temporary attorney fees.
In determining attorney fees at the end of the case, the financial resources of both parties is still the major factor considered by the court, but the court also can take into consideration other factors including whether the claims made by either party were without merit.
Copyright © 2009 Steven A. Leitman
Original posting on 904Divorce.com