Often clients want to know whether the can pin the attorney fees incurred in bringing a divorce action on the other party. The answer is "maybe."
Since divorce, paternity, and other family law proceedings are in equity the court has discretion to award attorney fees to a prevailing party. Iowa Code section 598.36 allows for this in divorce actions. However, just because the statute allows a party to request fees does not necessarily mean the court will be receptive. Even if you are the prevailing party.
The court will consider factors with the primary factor being finances. Even if you are the prevailing party but are the higher wage earner (or have a good-sized inheritance stashed away) it is less likely the court will award you fees. Nonetheless, when the opposing party pursues frivolous motions and is unreasonable sometimes the court is receptive to a request even if you earn more money than your spouse.
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Jennifer Jaskolka-Brown, an Iowa attorney located at 6601 Westown Parkway, Suite 200, West Des Moines, Iowa, (515) 247-4705, practices in general civil litigation with an emphasis in Iowa Family Law issues. She provides guidance in family law matters from divorce, paternity, disestablishment of paternity to adoption,and guardianships. She also provides representation in a wide-variety of civil litigation issues.
