Vardaman v. Vardaman

I concur in the rationale of the main opinion, except as to the issue of attorney’s fees.

According to the “American rule,” “[i]n the absence of contract, statute, or recognized ground of equity, there is no inherent right to have attorney’s fees paid by opposing side.” Johnson v. Gerald, 216 Ala. 581, 582, 113 So. 447, 448 (1927). Alabama originally did not have any statute addressing attorney’s fees in divorce cases; hence, in the absence of an agreement between the parties, the courts depended on equity as the only ground for awarding attorney’s fees in divorce cases.

In Ex parte Smith, 34…