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SB 1657

family court; attorney fees; cap

57th Legislature - Second Regular Session Introduced by Mark Finchem

Arizona bill caps attorney fees awarded in family court to limit litigation costs and legal burdens on parties.

House Second Reading
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WeVote Research Nonpartisan
Bill Summary · SB 1657

Legislative bill overview

SB 1657 would establish a cap on attorney fees that can be awarded in family court proceedings in Arizona. The bill limits how much courts can require one party to pay toward the other party's legal costs during divorce, custody, and related family law disputes.

Why is this important

Attorney fees in contentious family law cases can reach tens of thousands of dollars, creating significant financial barriers for lower-income parties and sometimes incentivizing prolonged litigation over settlement. This cap would directly affect how courts allocate costs and could influence settlement dynamics and access to legal representation in family disputes.

Potential points of contention

  • Burden on lower-income parties: A strict cap might prevent courts from fully compensating legal costs for economically disadvantaged spouses who are wrongly sued or need defense, potentially limiting their access to adequate representation
  • Disincentive for frivolous claims: Conversely, capping fees could reduce courts' ability to punish parties who file bad-faith claims by making the other side whole, potentially enabling more frivolous litigation
  • Variation in case complexity: Family law cases vary dramatically in complexity; a uniform cap may be inappropriate for high-asset divorces or complex custody disputes versus simpler cases, creating inequitable outcomes

Compiled from official sources — confirm details with the bill’s official record.

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