The short answer is YES.
A.R.S. 25-324 states that the Court may award a party costs and expenses after considering the financial resources of the parties as well as the reasonableness of the positions each party has taken throughout the litigation.
Cost and expenses are defined as, "attorney fees, depositions costs and other reasonable expenses as the court finds necessary to the full and proper presentation of the action..."
Of course, the decision to award fees and costs is up to the discretion of the Judge. With each Judge having his or her own interpretation of the above referenced factors, the outcome of your request for fees and costs could easily vary depending upon the Judge assigned to your case.
In many divorce cases, one spouse requests that the other pay his or her attorneys' fees during the pendency of the action, instead of just at the end of the litigation. The process to request this is thru a Motion for Temporary Orders. This is typical when one party is not working and has been supported by the other spouse during the marriage, and that spouse has now cut them off. I have requested and have received temporary orders requiring a spouse to pay $10,000.00 towards my client's attorney's fees so that she may afford representation during her divorce.
Overall, given the wide latitude in interpreting the statue, I would never count on the Court awarding attorney's fees and costs. Wherefore, I always counsel my clients to be prepared to have to pay all of their own fees and costs.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
states that the Court may award a party costs and expenses after considering the financial resources of the parties as well as the reasonableness of the positions each party has taken throughout the litigation. San Antonio
ReplyDelete