In Re Marriage of Hatch

In this case we hold it is an abuse of discretion for trial courts to deny motions for pendente lite attorney fees and costs in marital dissolution proceedings without considering the needs of the requesting spouse and the ability to pay of the spouse against whom the award is sought. California’s public policy in favor of expeditious and final resolution of marital dissolution actions is best accomplished by providing at the outset of litigation, consistent with the financial circumstances of the parties, a parity between spouses in their ability to obtain effective legal representation.

Judy Marie Hatch appeals from an order denying her motion for temporary attorney fees in her action for dissolution of her marriage to Dan Hatch. She contends the court failed to exercise discretion in denying her motion by summarily refusing to award temporary attorney fees without considering the relative incomes and needs of the parties. The trial court did fail to exercise its discretion and we therefore must reverse the order.

Judy and Dan separated on November 25, 1982, after a three-year marriage. Prior to marriage they had lived together for some time, although the exact length…