US Laws, Codes, Statutes & Cases

 
    §  237.  Counsel  fees  and  expenses. (a) In any action or proceeding
  brought (1) to annul a marriage or to declare  the  nullity  of  a  void
  marriage,  or  (2)  for  a  separation,  or (3) for a divorce, or (4) to
  declare the validity or  nullity  of  a  judgment  of  divorce  rendered
  against  a  spouse who was the defendant in any action outside the State
  of New York and did not appear therein where   such spouse  asserts  the
  nullity  of  such  foreign judgment, or (5) to enjoin the prosecution in
  any other jurisdiction of an action for a divorce, the court may  direct
  either spouse  or, where an action for annulment is maintained after the
  death  of  a  spouse,  may  direct the person or persons maintaining the
  action, to pay such sum or sums of money directly to the    attorney  of
  the  other spouse to enable that spouse to carry on or defend the action
  or proceeding as, in the court's discretion,  justice  requires,  having
  regard  to  the circumstances of the case and of the respective parties.
  Such direction must be made in the final  judgment  in  such  action  or
  proceeding,  or  by  one  or  more orders from time to time before final
  judgment, or by both such  order  or  orders  and  the  final  judgment;
  provided,  however, such direction shall be made prior to final judgment
  where it is shown that such order is required to enable the  petitioning
  party  to  properly  proceed.  Any  applications  for  counsel  fees and
  expenses may be maintained by the attorney for either spouse in his  own
  name in the same proceeding.
    (b)  Upon  any application to annul or modify an order or judgment for
  alimony or for custody, visitation, or maintenance of a child,  made  as
  in section two hundred thirty-six or section two hundred forty provided,
  or  upon  any  application  by  writ of habeas corpus or by petition and
  order to show cause concerning custody, visitation or maintenance  of  a
  child,  the  court may direct a spouse or parent to pay such sum or sums
  of money for the prosecution  or  the  defense  of  the  application  or
  proceeding  by the other spouse or parent as, in the court's discretion,
  justice requires, having regard to the circumstances of the case and  of
  the  respective  parties.  With  respect  to  any  such  application  or
  proceeding, such direction may be made in the order or judgment by which
  the particular application or proceeding is finally  determined,  or  by
  one or more orders from time to time before the final order or judgment,
  or  by  both  such  order or orders and the final order or judgment. Any
  applications for counsel fees and expenses  may  be  maintained  by  the
  attorney for either spouse in counsel's own name in the same proceeding.
  Representation  by  an attorney pursuant to paragraph (b) of subdivision
  nine of section one hundred eleven-b of the social  services  law  shall
  not  preclude  an  award  of  counsel  fees  to an applicant which would
  otherwise be allowed under this section.
    (c) In any action or proceeding for failure to obey any  lawful  order
  compelling  payment of support or maintenance, or distributive award the
  court shall, upon  a  finding  that  such  failure  was  willful,  order
  respondent  to  pay  counsel  fees  to  the  attorney  representing  the
  petitioner.
    (d) The term "expenses" as used in subdivisions (a) and   (b) of  this
  section  shall  include,  but  shall not be limited to, accountant fees,
  appraisal fees, actuarial fees, investigative fees and  other  fees  and
  expenses that the court may determine to be necessary to enable a spouse
  to  carry  on  or  defend an action or proceeding under this section. In
  determining the appropriateness and necessity of fees, the  court  shall
  consider:
    1. The nature of the marital property involved;
    2.  The  difficulties  involved, if any, in identifying and evaluating
  the marital property;
    3. The services rendered and an estimate of the time involved; and
    4. The applicant's financial status.