Family Law & Divorce Attorney
In Arizona family law cases, a judge can order one party to pay some or all of the other party’s attorney’s fees, depending largely on the parties’ financial situations and whether either side acted unreasonably during the case.
If you are going through a divorce, custody dispute, or support matter, you may be concerned about the cost of legal representation. Knowing how attorney’s fees awards work can help you better understand your options and plan your next steps with greater confidence.
What Is an Attorney’s Fees Award?
An attorney’s fees award is a court order requiring one party to contribute to the other party’s legal expenses. This can include:
- Attorney fees
- Court filing fees
- Costs for experts, such as custody evaluators
- Other reasonable litigation expenses
In Arizona, courts often rely on A.R.S. § 25-324 when deciding whether to award fees in family law matters. The purpose is not to punish someone simply for filing or defending a case. Instead, the law focuses on fairness.
How Do Arizona Courts Decide Whether to Award Fees?
Judges consider two main factors:
1. The Financial Resources of Both Parties
The court looks at each party’s income, assets, debts, and overall financial position. If one spouse earns significantly more or has greater access to resources, the judge may order that person to contribute to the other’s legal fees.
The goal is to help level the playing field. If you have limited income and your spouse controls most of the marital funds, a fees award may allow you to participate fully in the case.
That said, a difference in income does not automatically mean fees will be awarded. The court evaluates the full financial picture.
2. The Reasonableness of Each Party’s Positions
Judges also consider whether either party acted unreasonably during the proceedings. This may include:
- Refusing to provide required disclosures
- Taking extreme or unsupported positions
- Filing motions without a valid legal basis
- Needlessly prolonging litigation
If a party acts in bad faith or drives up costs without justification, the court may order that party to pay some or all of the other side’s fees.
Reasonableness is assessed based on the facts of the case, not on whether someone “wins” or “loses.”
Are Attorney’s Fees Awards Automatic in Arizona?
No. Attorney’s fees awards are discretionary. This means the judge has the authority to decide whether an award is appropriate.
Even if there is a clear income difference, the court may decline to award fees if both parties acted reasonably and can afford their own representation. Likewise, even in cases where incomes are similar, a judge may award fees if one party’s conduct increased the cost of litigation.
If you are requesting fees, you generally must make a formal request and provide financial information to support your position.
When Are Fees Requested in a Family Law Case?
Attorney’s fees can be requested at several stages of a case:
- In the initial petition or response
- During temporary orders proceedings
- After trial
- In post-decree matters, such as modification or enforcement
In some situations, the court may award interim fees while the case is ongoing, especially if one party lacks access to funds needed to retain counsel.
We help you evaluate whether requesting fees makes sense in your situation. We also prepare the documentation necessary to support your request or defend against one.
What If You Are Ordered to Pay the Other Side’s Fees?
If the court orders you to pay attorney’s fees, the order will typically specify the amount and deadline. Failing to comply can result in enforcement actions.
If you believe a fees award was improper, there may be options to challenge the ruling, depending on the circumstances and timing.
Why Attorney’s Fees Awards Matter in Divorce and Custody Cases
Legal fees can affect settlement negotiations, litigation strategy, and overall case dynamics. When one party fears they cannot afford representation, they may feel pressured to settle on unfavorable terms.
Arizona’s fee statute is designed to reduce that imbalance. If you are concerned about cost, we can discuss realistic expectations and potential avenues for relief.
Talk With Us About Your Options
Attorney’s fees awards can change the direction of a family law case. Whether you are seeking fees or responding to a request, you need a plan grounded in the facts of your situation.
At Cohen Family Law, we work closely with you to assess your financial position, evaluate the reasonableness of the issues in dispute, and advocate for a fair result. If you are preparing for divorce, custody proceedings, or post-decree litigation in Arizona, contact us to discuss how attorney’s fees may affect your case and what steps you can take next.
