A recent Florida case demonstrated the proof necessary for attorney’s fees requests in a dissolution of marriage.
In Jackowska v Blesitt, 51 Fla. L.Weekly D157(2nd DCA Jan 2026), the appellate court ruled that the trial court erred by awarding only a portion of the former wife’s requested attorney’s fees without providing specific factual findings concerning the number of hours reasonably expended for a legally sufficient lodestar analysis and reasons for reducing the requested amount. The trial court’s conclusion that the former wife had the sole burden of proof to support her requests for attorney’s fees and costs was also erroneous.
As the opponent of the fee request, the former husband had the burden of pointing out with specificity which hours should be deducted. To extent trial court may have intended to deduct some portion of former wife’s fees as a sanction for litigation misconduct, it is required to make specific findings that support the reduction factors and explain what portion of fees incurred were occasioned by the misconduct in question.
In order to obtain attorney fees in an Orlando, Florida or Lake Mary, Florida divorce case, the spouse requesting the fees must have a need for the fees and the opposing spouse must have the ability to pay. Customarily a request for attorney fees is included in the Petition for Dissolution of Marriage. Many attorneys file a Motion for Temporary Attorney’s Fees too. You must also file a specialized Motion for Attorney Fees to request attorney fees from retirement and nonliquid accounts.
In order to obtain attorney’s fees, there must be a fee agreement-retainer agreement and detailed bills of the work the attorney has performed. Those documents are filed with the court along with a request for attorney’s fees. The opposing party then must state which entries on the bill that they are objecting to as unreasonable fees.
The court must determine the reasonableness of the fees. The court compares that attorney’s rate to the average reasonable rate of attorneys in the community. The court looks at the work experience of the attorney performing the tasks in the community and hourly rate. The court examines how that rate compares to other attorneys in the community. The judge examines the length of the litigation and the work done. The court examines whether the work done was meaningful or frivolous.
The judge examines the outcome of the case based on the work performed. The court looks at whether there was vexatious litigation, contemptuous behavior of a party or delay and extra work caused by a party’s behavior. The court then makes detailed findings of this. The court must make specific findings of facts as to the reasonable number of hours and the reasonableness of the attorney’s hourly rate
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.