The Question:
What does this mean specifically? “It is fathers position that each party pay their own attorney’s fees, unless mother takes an unreasonable position then father will request that mother pay for his reasonable attorney’s fees and costs incurred in this matter.”
RJ Says:
Under Arizona law, there are 2 ways that a party can make a claim to be reimbursed the attorney’s fees they incurred during a Family Court matter. One claim is that there is a significant disparity in the parties’ respective incomes. Another claim is that one party has taken an unreasonable position. So, in the language you are questioning, the attorney is saying that so ling as you are not found to have taken an unreasonable position, each of you should pay your own attorney’s fees. THIS IS JUST HER POSITION. You certainly have the right to also make a claim to have your attorney’s fees reimbursed when you respond.
The Court is technically REQUIRED to award reasonable costs and attorney fees to the other party if one party is found to have:
- Filed a petition not in good faith.
- Filed a petition grounded in fact or based on law.
- Filed a petition for an improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party.