What rule governs attorney''s fees in domestic relations cases in the state of Virginia?

There is no particular Rule of the Virginia Supreme Court that applies to domestic relations cases.  Rule 3:25 provides for attorney's fees in most civil cases; however, domestic relations cases are an exception.  Rule 4, which pertains to discovery matters, does apply in family law matters, so one may seek attorney's fees utilizing Rule 4 if the other side is not complying with a discovery request.  If the case is not a divorce and is brought in the Juvenile and Domestic Relations District Court, Virginia Code Section 16.1-278.19 applies, which looks at the parties' "relative financial ability" to pay attorney's fees when determining whether fees should be awarded.  While this Code section is not applicable in the circuit court, in many equitable distribution cases the court does review the relative financial positions of the parties to determine whether attorney's fees should be awarded.  In other matters, such as custody and support, the court may consider attorney's fees when a  party is taking an unreasonable position.  Attorney's fees in most domestic relations matters are discretionary.       This material is provided for informational purposes only and does not constitute legal advice.  This information does not create an attorney-client relationship between author and reader.