DID YOU KNOW BY ATTORNEY F.M. ZAVALA
ATTORNEY FEES IN A DIVORCE
(a) (1) In a proceeding for dissolution of marriage, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party, to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding.
(2) When a request for attorney’s fees and costs is made, the court shall make findings on whether an award of attorney’s fees and costs under this section is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties.
If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney’s fees and costs.