File a motion for attorney fees in a divorce case

“Judge” here refers to judges and court commissioners.

If you’re involved in a divorce case filed in a Washington state superior court, you can ask for a court order for your spouse to pay money for you to hire a lawyer if all these are true: 

• You believe you need to hire a lawyer to get a fair result in your divorce
• You can't afford a lawyer with just your income
• Your spouse can afford to help pay your attorney fees 

Under Washington State law, a judge can order one spouse to pay the other's attorney fees after considering both parties' financial resources. You can ask for fees for services before filing or during a divorce, modification, or enforcement proceeding. 

To ask the judge to do this, you must file a motion. There’s no deadline, but you should file as soon as you can. 

You’ll file a motion for attorney fees in the Superior Court where your divorce is filed. When filing, you use the same case number. This motion is part of your divorce case. 

A motion is any request you make to the judge while your case is in progress, before or after a trial. Get family forms to find the right motion forms for your situation. 

For most motions, you must put all your requests and evidence in writing, schedule a hearing, file your papers with the court clerk, and serve the other party. You can file written statements (called declarations) from yourself and other people supporting your case. The other party can respond in writing. 

This is different from a trial where witnesses must testify in person. The judge holds a trial to make a final decision on all issues in your case.

Do I have to pay to file a motion? 

It shouldn’t cost anything to file a motion. You may have to pay for copies of whatever orders the judge signs. 

How will the judge decide?

After you file and serve your motion and notice of hearing, your spouse will have a chance to respond in writing. Go to the hearing even if your spouse doesn’t respond in writing. 

 At the hearing, the judge should balance your spouse’s ability to pay the fees against your need for attorney fees. The judge must consider your financial situation and your spouse’s. 

What if the judge doesn’t approve my motion? 

The judge might not order your spouse to pay your attorney fees if you both have similar incomes, or if neither of you can afford a lawyer. Many people represent themselves in family court. 

If you file a motion that the judge thinks wastes the court’s time, the judge might order you to pay your spouse’s court costs. If you’re unsure if you should file this motion, try to talk to a lawyer.