As with other financial matters, a divorce court will examine each party’s
financial resources, including assets that each party owns individually
rather than as marital property and income that each party receives and can
expect to receive. The court will also consider:
The history of the divorce proceedings and each party’s demeanor in the
process, including positions that a party has taken or that party’s arguments that might have extended the proceedings.
The substantive merits of each party’s argument for payment of fees by the other party, and objective evidence in support of those arguments.
A party’s demonstrated need for an award of fees from the other party.
In all cases, the fees requested by a party must be reasonable and reflect legal services that are legitimate in view of the circumstances of the divorce and that are not directed at frivolous motions or extreme positions.