Questione giuridica chiave
Whether the husband had to pay a process cost advance for the wife's divorce proceedings.
Decisione estratta
A process cost advance was denied because, although the husband could pay, the wife was not in need of support and could finance her own legal costs from her income.
Motivazione estratta
The duty to advance litigation costs follows from the spouses' mutual duty of support. It exists only if the claim is not manifestly hopeless or abusive, the requesting spouse needs support to fund the proceedings, and the other spouse is able to pay. Here, the wife earned enough to cover her own attorney’s fees without affecting her reasonable living needs.