A. The court from time to time, after considering the financial resources of both parties and the reasonableness of the positions each party has taken throughout the proceedings, may order a party to pay a reasonable amount to the other party for the costs and expenses of maintaining or defending any proceeding under this chapter or chapter 4, article 1 of this title. On request of a party or another court of competent jurisdiction, the court shall make specific findings concerning the portions of any award of fees and expenses that are based on consideration of financial resources and that are based on consideration of reasonableness of positions. The court may make these findings before, during or after the issuance of a fee award.
B. If the court determines that a party filed a petition under one of the following circumstances, the court shall award reasonable costs and attorney fees to the other party:
1. The petition was not filed in good faith.
2. The petition was not grounded in fact or based on law.
3. The petition was filed 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.
C. For the purpose of this section, costs and expenses may include attorney fees, deposition costs and other reasonable expenses as the court finds necessary to the full and proper presentation of the action, including any appeal.
D. The court may order all amounts paid directly to the attorney, who may enforce the order in the attorney's name with the same force and effect, and in the same manner, as if the order had been made on behalf of any party to the action.
Notes of Decisions
Cited in
900
cases (
394 in the last 5 years), 1974–2026 · leading case:
Bobrow v. Bobrow, 391 P.3d 646 (Ariz. Ct. App. 2017).
Bobrow v. Bobrow, 391 P.3d 646 (Ariz. Ct. App. 2017).
· cites it 31× “The court later denied, without comment, Wife’s motion for a new trial on the issue of attorney’s fees, which also sought fees pursuant to A.R.S. § 25-324. ¶7 Both parties filed multiple amended notices of appeal from the decree and the denial of post-decree motions.”
Magee v. Magee, 81 P.3d 1048 (Ariz. Ct. App. 2004).
· cites it 38× “We disagree that A.R.S. § 25-324 requires a showing of actual inability to pay as a predicate for consideration, and we conclude that all a spouse need show is that a relative financial disparity in income and/or assets exists between the spouses.”
Myrick v. Maloney, 333 P.3d 818 (Ariz. Ct. App. 2014).
· cites it 18× “¶8 When Robinson repeated the above quotation from Roden , we did not expressly note that Roden had addressed a prior version of § 25-324. See Robinson, 201 Ariz. 328, ¶¶ 21-22 , 35 P.”
Marriage of MacMillan v. Schwartz, 250 P.3d 1213 (Ariz. Ct. App. 2011).
· cites it 11× “Attorneys’ Fees at Trial ¶ 36 Wife argues that the trial court erred by awarding Husband partial attorneys’ fees under A.R.S. § 25-324 (Supp.2010). Section 25-324 allows the trial court to order one party to pay the other’s attorneys’ fees and costs after the trial court…”
Marriage of Breitbart-Napp v. Napp, 163 P.3d 1024 (Ariz. Ct. App. 2007).
· cites it 17× “Attorneys’ Fees and Costs ¶ 35 Husband also objects to the trial court’s award of attorneys’ fees on grounds that the trial court did not consider the financial resources of both parties and that the award was unreasonable.”
Murray v. Murray, 367 P.3d 78 (Ariz. Ct. App. 2016).
· cites it 8× “*180 CONCLUSION ¶ 23 For the foregoing reasons, we affirm the superior court’s order granting Father’s motion to prevent relocation but vacate and remand its ruling denying Mother’s motion to enforce the purported settlement agreement.”
Mangan v. Mangan, 258 P.3d 164 (Ariz. Ct. App. 2011).
· cites it 13× “10 The court also directed Father’s counsel to submit a China Doll affidavit, 11 and subsequently awarded attorneys’ fees to Father in the amount of $10,000 pursuant to AR.S. § 25-324 (Supp.2010). ¶ 14 Mother filed a timely notice of appeal.”
In Re the Marriage of Williams, 200 P.3d 1043 (Ariz. Ct. App. 2008).
· cites it 10× “The statute allows the trial court in a dissolution action to order one party to pay the other’s attorney fees and costs after the trial court “consider[s] the financial resources of both parties and the reasonableness of the positions each party has taken throughout the…”
Edsall v. Super. Ct. in & for Cnty. of Pima, 693 P.2d 895 (Ariz. 1984).
· cites it 17× “Instead A.R.S. § 25-324 governs an award of attorney’s fees notwithstanding a provision relating to such fees in the separation agreement incorporated into a divorce decree.”
Thompson v. Corry, 291 P.3d 358 (Ariz. Ct. App. 2012).
· cites it 25× “Section 25-324 authorizes the court to “order a party to pay a reasonable amount to the other party for the costs and expenses [including attorney’s fees] of maintaining or defending” a domestic relations matter “after considering the financial resources of both parties and the…”
Marriage of Clark v. Clark, 370 P.3d 1119 (Ariz. Ct. App. 2016).
· cites it 15× “Father’s request is based on A.R.S. §§ 25-324 and 25-503(E), and Mother’s request is based on § 25-324.”
Laura Cruz v. Robert Garcia, 377 P.3d 1028 (Ariz. Ct. App. 2016).
· cites it 5× “Attorney Fees ¶ 19 Cruz requests attorney fees and costs on appeal, citing AR.S. §§ 25-324, 12-341, and 12-341.01. In our discretion, we deny her request pursuant to § 25-324(A).”
— Ariz. Rev. Stat. § 25-324(A) — 322 cases
Myrick v. Maloney, 333 P.3d 818 (Ariz. Ct. App. 2014).
“¶8 When Robinson repeated the above quotation from Roden , we did not expressly note that Roden had addressed a prior version of § 25-324. See Robinson, 201 Ariz. 328, ¶¶ 21-22 , 35 P.”
In Re the Marriage of Williams, 200 P.3d 1043 (Ariz. Ct. App. 2008).
“The statute allows the trial court in a dissolution action to order one party to pay the other’s attorney fees and costs after the trial court “consider[s] the financial resources of both parties and the reasonableness of the positions each party has taken throughout the…”
Murray v. Murray, 367 P.3d 78 (Ariz. Ct. App. 2016).
“*180 CONCLUSION ¶ 23 For the foregoing reasons, we affirm the superior court’s order granting Father’s motion to prevent relocation but vacate and remand its ruling denying Mother’s motion to enforce the purported settlement agreement.”
Marriage of Clark v. Clark, 370 P.3d 1119 (Ariz. Ct. App. 2016).
“Father’s request is based on A.R.S. §§ 25-324 and 25-503(E), and Mother’s request is based on § 25-324.”
— Ariz. Rev. Stat. § 25-324(B) — 26 cases
Laura Cruz v. Robert Garcia, 377 P.3d 1028 (Ariz. Ct. App. 2016).
“Attorney Fees ¶ 19 Cruz requests attorney fees and costs on appeal, citing AR.S. §§ 25-324, 12-341, and 12-341.01. In our discretion, we deny her request pursuant to § 25-324(A).”
— Ariz. Rev. Stat. § 25-324(B)(1) — 4 cases
— Ariz. Rev. Stat. § 25-324(B)(2) — 11 cases
— Ariz. Rev. Stat. § 25-324(C) — 4 cases
Myrick v. Maloney, 333 P.3d 818 (Ariz. Ct. App. 2014).
“¶8 When Robinson repeated the above quotation from Roden , we did not expressly note that Roden had addressed a prior version of § 25-324. See Robinson, 201 Ariz. 328, ¶¶ 21-22 , 35 P.”
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