6.10 Attorney Fees and Costs

• Library: The Virginia Lawyer: A Deskbook for Practitioners (Virginia CLE) (2022 Ed.)

6.10 ATTORNEY FEES AND COSTS

Section 20-99(6) of the Virginia Code provides that costs may be awarded to either party as equity and justice may require in divorce actions. In Tyszcenko v. Donatelli, ³⁸⁵⁵ costs were interpreted to include attorney fees and costs incurred in divorce cases. Nevertheless, an award of attorney fees and costs "is a matter submitted to the trial court's sound discretion and is reviewable on appeal only for an abuse of discretion." ³⁸⁵⁶ Furthermore, the court of appeals has stated that "[t]he key to a proper award of counsel fees is reasonableness under all the...