What is the test for a court to award attorney's fees and costs in a dissolution proceeding?

California, United States of America


The following excerpt is from Marriage of Ward, In re, 3 Cal.App.4th 618, 4 Cal.Rptr.2d 365 (Cal. App. 1992):

Section 4370 authorizes the court in its discretion to award attorney's fees and costs reasonably necessary to maintain or defend any dissolution or related proceeding. As already indicated, "[t]he purpose of the award is to provide one of the parties, if necessary, with an amount adequate to properly litigate the controversy." (In re Marriage of Sullivan, supra, 37 Cal.3d at p. 768, 209 Cal.Rptr. 354, 691 P.2d 1020.) Section 4370.5 was enacted in 1985 to supplement the general authorization for fee awards under section 4370 by originally specifying two primary factors for consideration in making such an award of (1) need, so as to enable each party to have sufficient financial resources to adequately present his/her case, and (2) the conduct of the parties, within the context of furthering or frustrating the policy of the law promoting settlement of litigation. (In re Marriage of Hublou (1991) 231 Cal.App.3d 956, 962, 282 Cal.Rptr. 695.) Among the various factors to be considered by a court [3 Cal.App.4th 628] affixing reasonable attorney's fees are " 'the nature of the litigation, its difficulty, the amount involved, the skill required and the skill employed in handling the litigation, the attention given, the success of the attorney's efforts, his learning, his age, and his experience in the particular type of work demanded [citation]; the intricacies and importance of the litigation, the labor and the necessity for skilled legal training and ability in trying the cause, and the time consumed. [Citations.]' " (In re Marriage of Cueva (1978) 86 Cal.App.3d 290, 296, 149 Cal.Rptr. 918, quoting Berry v. Chaplin (1946) 74 Cal.App.2d 652, 679, 169 P.2d 442.) Finally, the court has broad discretion in awarding attorney's fees and costs in dissolution proceedings. Its determination will not be disturbed on appeal absent a clear showing of an abuse of discretion. (In re Marriage of Sullivan, supra, 37 Cal.3d at p. 768, 209 Cal.Rptr. 354, 691 P.2d 1020; In re Marriage of Czapar (1991) 232 Cal.App.3d 1308, 1318, 285 Cal.Rptr. 479.) " '[T]he trial court's order will be overturned only if, considering all the evidence viewed most favorably in support of its order, no judge could reasonably make the order made. [Citations.]' " (In re Marriage of Sullivan, supra, 37 Cal.3d at p. 769, 209 Cal.Rptr. 354, 691 P.2d 1020, quoting In re Marriage of Cueva, supra, 86 Cal.App.3d at p. 296, 149 Cal.Rptr. 918.)

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