Attorney Fee Awards in Community Property States
In an action for divorce under the common law, the power to grant a party attorney's fees and expenses is within the discretion of the court. Some courts exercise such power as a part of general equity and when warranted by the parties' relative ability to pay counsel fees. Numerous factors are considered by the court in awarding such fees, the most significant of which being the time spent and the services rendered by an attorney in representing a party in the divorce.
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