Attorneys Fees

Hrudka v. Hrudka, 186 Ariz. 84, 919 P.2d 179
(Ct. App., 1995) (PDF 248 KB)
Trial court in dissolution proceeding did not abuse its discretion in ordering that each party was responsible for his or her attorney's fees rather than assessing all fees against husband, though wife had filed for personal bankruptcy, where it was unclear that husband had greater financial resources, in that his company was in bankruptcy proceedings and the security of his position at the company was in question, and where trial court took into account actions by wife, such as concealing assets, that increased costs of discovery and litigation.

In re Benge, 151 Ariz. 219, 726 P.2d 1088 (Ct. App., 1986) (PDF 202 KB)
Husband was not entitled to award of attorney fees in dissolution case under statute permitting discretionary award based on financial resources of party where husband provided no information about parties' resources or evidence supporting claimed fees.

Magee v. Magee, 206 Ariz. 589, 81 P.3d 1048
(Ct. App., Div. 1, 2004) (PDF 173 KB)
Husband and wife engaged in post-decree proceedings in dissolution action. The Superior Court ordered husband to pay additional attorney fees incurred by wife. Husband appealed. The Court of Appeals held that: (1) attorney fees statute requires showing only of financial disparity between husband and wife, rather than one spouse's actual inability to pay fees, and (2) additional award of fees was proper exercise of discretion in this case.

Mori v. Mori, 124 Ariz. 193, 602 P.2d 85 (1979)
(PDF 151 KB)
Trial court in divorce proceedings did not abuse its discretion in awarding $15,000 to wife as attorney fees based on lengthy discovery needed to locate husband's assets.

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