California court reverses $39,000 legal fee award in divorce case
- A California court overturned a $39,000 legal fee award in a divorce case.
- The husband, A O, sought the fees from his spouse, Alina Vologodskaya.
- The court ruled the request was filed 14 months after the legal deadline.
- Legal fee requests must be made within the appeal period for restraining orders.
- The appeals court ordered that both parties must pay their own legal costs.
The ruling, which mandates that both parties now bear their own legal costs, concludes a legal dispute that began in 2023 with competing requests for protection orders.
California is the most populous U.S. state with over 39 million residents and covers 163,696 square miles, or 423,970 square kilometers. It is bounded on the north by Oregon, on the south by the Mexican state of Baja California, on the east by Nevada, on the southeast by Arizona, and on the west by the Pacific Ocean.
This divorce ruling arrives during a period of active judicial scrutiny regarding the state's electoral processes. On October 26, 2026, an appeals court denied a demand from the Trump Department of Justice to invalidate 20,000 mail ballots. The court also prevented the Department of Justice from stopping the state's process of counting mail-in ballots.
On October 24, 2026, an appeals court prepared to hear a Department of Justice bid to block California from counting votes. By October 25, 2026, the court showed skepticism toward an emergency request to block 20,000 ballots. On October 26, 2026, the court decided not to intervene in a lawsuit regarding ballots and ruled that the Department of Justice cannot bypass a lower court in its attempt to block 20,000 voters. On October 27, 2026, an appeals court refused to prevent the state from counting the 20,000 disputed ballots.
The Trump administration requested that an appeals court invalidate thousands of California ballots during the ongoing midterm election, according to Votebeat on October 26, 2026. On October 23, 2026, Governor Newsom addressed a final court ruling that held President Trump responsible for the illegal federalization of the California National Guard. Candidates running for the position of California Supreme Court Justice were introduced on October 27, 2026.
Divorce and restraining order settlement
A O and Alina Vologodskaya initiated divorce proceedings in California during 2023. These legal filings included competing requests for protection orders between the two parties.
By January 2024, the couple settled their restraining-order dispute. They also reached a broader settlement regarding their separation at that time.
Financial terms of the separation agreement
The settlement agreement required A O to provide temporary spousal support to his wife. Alina Vologodskaya was responsible for covering her own rent and monthly car payments.
Both parties received $50,000 (approximately ₹42,00,000) in advance from their joint marital assets. The court will determine how future bonuses or earnings that affect support are handled at a later date.
Husband's petition for legal fees
The original settlement documents did not specifically address legal-fee reimbursement. One document stated that no decision had been made on legal fees, while another left the relevant space blank.
Lower court's initial ruling
A lower court conducted hearings regarding the request in October and December 2025.
Wife's appeal based on filing deadline
Vologodskaya subsequently appealed the February 2026 award of $39,000. She did not object to the specific amount awarded but argued that A O had missed the mandatory filing deadline for a legal-fee request.
Appeals court rationale on filing period
The California Court of Appeal held that a request for legal fees must be made within the appeal period for a restraining-order decision, which can be up to 180 days. Although the restraining order was issued in February 2024, A O did not seek legal-fee reimbursement until April 2025. This period of about 14 months exceeded the allowed timeframe for such requests.
The court rejected A O’s claim that the deadline should have been suspended while the divorce case was still pending. The appeals judges noted that A O had not asked the lower court to extend the deadline when his case was heard. The court also stated that earlier mentions of legal fees did not keep the issue open after the settlement.
Frequently Asked Questions
- In 2023, a California couple began a divorce with competing requests for protection orders; three years later, a court overturned the husband's $39,000 legal-fee award because he filed too late (timesofindia.indiatimes.com)
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- California (Wikipedia — background) (en.wikipedia.org)
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