This video covers the Texas law that discusses whether or not attorney's fees can be awarded to one spouse or the other.
Summary of the Law: Attorney's fees can be awarded at the sound discretion of the Judge in a divorce case, and can be ordered to be paid from separate or community property of either party.
Here is the Case:
655 S.W.3d 55 (2022)
In the INTEREST OF A.P.N., a Child.
No. 05-20-00179-CV.
Court of Appeals of Texas, Dallas.
Here is the Law:
TEX. FAM. CODE ANN. § 6.708(c). As the First Court of Appeals recently noted in addressing the same argument Father makes here, "Section 6.708(c) contains no requirement that, in setting the amount of an attorney's fees award in a divorce proceeding, the trial court must take into account the value of the community estate and may not award attorney's fees in an amount that exceeds the value of the community estate." In re Marriage of Comstock, 639 S.W.3d 118, 142 (Tex. App.-Houston [1st Dist.] 2021, no pet.). Rather, "the only qualifier on the award contained in the statutory language is that the attorney's fees awarded must be `reasonable.'"[3] Id. at 142-43.
We agree with our sister court. Under Section 6.708(c), a trial court may award attorney's fees even if there is no community estate to divide. See id. We conclude that the trial court did not abuse its discretion in awarding Mother attorney's fees.
