DIRKS VS. DIRKS (DIVORCE)

Key holdings

Practitioner summary

The plaintiff-husband, whose divorce action had been denied below, appealed. The respondent-wife moved for an order requiring him to pay $500 for her attorney's fee in defending the appeal, plus costs. Her supporting affidavit established she was without means to pay counsel or other expenses, that her health was impaired, that she could not work or earn money, and that she was at times dependent on her daughter, whose finances were also inadequate; it further showed the husband was steadily employed at $150 or more per month. The husband's affidavit did not deny those averments; it alleged he had supported the wife since their 1915 marriage, was earning $175 per month, and owed $1,362. On that record the court held he should not be required to pay $500, and that no order for other costs would be made in the absence of any showing as to them. The court fixed a reasonable attorney's fee of $150 and stayed proceedings until payment - reflecting that, while a needy wife is entitled to allowances to defend a divorce appeal, the husband's obligations and ability to pay govern the amount.

In plain language

A husband sued for divorce and lost, then appealed. His wife asked the Nevada Supreme Court to order him to pay $500 toward her attorney and other costs so she could defend the appeal. Her sworn statement said she had no means to pay a lawyer, her health was impaired, she could not work, and she sometimes depended on her daughter for food, while her husband was steadily employed earning $150 or more. The husband's own statement did not deny these facts. He said he had supported her since their 1915 marriage, was earning $175 per month, and owed $1,362. Considering his obligations, the court concluded he should not have to pay the full $500 she requested. Because she made no showing about any other costs, the court made no order on those. It ordered the husband to pay $150 for his wife's attorney and stayed the appeal proceedings until he complied.