Delaware Code

13 Del. C. § 731 (2026)

Attorneys’ fees

✓ current as of May 2026
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The Court from time to time, after considering the legal and factual basis for the action, the results obtained, the financial resources of the parties, and such other factors as the Court deems just and equitable, may order a party to pay all or part of the cost to another party of maintaining or defending any proceedings under this chapter and for attorney’s fees, including sums for legal services rendered and costs incurred prior to the commencement of such proceedings. The Court may order that the amount be paid directly to the attorney, who may enforce the order in such attorney’s own name.

59 Del. Laws, c. 569, §  467 Del. Laws, c. 236, §  870 Del. Laws, c. 186, §  184 Del. Laws, c. 42, § 1
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2016–2025 · leading case: Jennifer R. Morrell v. Wayne R. Stamp (Bankr. E.D. Pa. 2021).
Jennifer R. Morrell v. Wayne R. Stamp (Bankr. E.D. Pa. 2021). · cites it 3× “§728(b), the Family Court then awarded the Plaintiff attorney’s fees under 13 Del. C. §731. Section 731 authorizes a court, in its discretion, to award attorney’s fees based upon legal and equitable principles.”
Tanner v. Allen (Del. 2016). · cites it 2× “(applying 13 Del. C. § 731, pertaining to awards of attorney’s fees in child custody proceedings).”
Daniel Goode v. Sarina Goode (Del. 2025). “8 it equitable to award attorneys’ fees to Ex-Wife pursuant to 13 Del. C § 731—later corrected to 13 Del.”
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