Practice point: In determining whether to award attorneys' fees, a court will review the financial circumstances of both parties, together with all of the other circumstances of the case, which may include the relative merit of the parties' positions. An award pursuant to Domestic Relations Law § 237(a) is warranted where there is a significant disparity in the financial circumstances of the parties.
Case: Bagielto v. Kolsch, NY Slip Op 01666 (2d Dep't March 8, 2017)
Here is the decision.
Tomorrow's issue: A claim of discrimination based on national origin.