Your first question in your divorce process is probably: “Who pays for the divorce? In Georgia, the court may order one spouse to pay the other's attorney's fees in divorce cases, based on specific legal considerations and factors. Understanding the legal provisions and factors that influence the attorney's fees paid by a spouse is crucial for people going through divorce proceedings. While your spouse may threaten to force you to pay your attorney's fees in the divorce process, such an order is not automatically granted in family law cases. Under Georgia Code 19-6-2, your spouse can pay an attorney's fee in the event of a divorce, but this decision is left to the court's discretion.
What Do Marriage Counselors Do? What to bring to your first meeting with an attorney How long does the divorce process take in Georgia? Does it matter who applies first? Lack of response to the complaint Lack of response to the investigation How child custody is determined The importance of thinking carefully about a parenting plan Legal custody (decision-making) Physical custody (time with the child) Marital or non-marital property Determining marital property versus separate property How separate property can become marital factors for determining the equitable division of marital property Do I need a forensic accountant? Discovery of undisclosed assets through tax returns, marital housing and other real estate How is child support calculated? What is a child support worksheet? Complete a child support worksheet Dependency Exemption and Child Tax Credit Uniform Interstate Family Support Act Applying for a Child Support Account in a Military Divorce Amendments Without a Court Order Uniform Jurisdiction Requirements for the Request for Amendment of the Out-of-State Child Support Order Amendment Requirement for Amendment of Alimony Amendment of Attorney Fees Temporary Protection Order (TPO) The divorce rate and dependent adult child support In Georgia, married couples are considered financially responsible to each other and that can continue after a divorce. But alimony is not a given in the state of Georgia. The court may decide to grant it only if it is determined that it is necessary. Divorce can be challenging, and the decisions you make now can have a huge effect on the rest of your life after the divorce.
You can get a free consultation and learn more about your options regarding how to pay attorneys for divorce. Here's an overview of the difficult questions you and your spouse may have to face during the course of the divorce. When the divorce process is unreasonably prolonged due to the bad faith actions of one spouse, a judge can sometimes award an attorney's fee to the other spouse. Legal experts stress the importance of taking proactive and strategic approaches to obtaining attorney fees paid by a spouse, so that individuals can face the legal complexities of divorce proceedings with confidence and clarity.
A separation is not required to get a divorce in Georgia, so both spouses can continue to live in the house until the asset is divided. If you can set the terms of your divorce outside the courtroom, you can maintain the most control and determine the commitment that works best for both spouses. Collaborative divorce is a good option for couples with a lot of complex and entangled assets or for those with contentious custody issues, the type of issues that generally require a trial to resolve. Articles 19—6—2 of the OCGA authorize the trial court in a divorce proceeding to exercise full discretion and, after considering the financial circumstances of the parties, to award attorney fees as necessary to ensure effective representation of both parties.
For example, child custody is unlikely to be granted to a parent with substance abuse problems, and an abusive or unfaithful spouse is less likely to receive alimony, even if they have an economic need and the other spouse can afford it. Founded in 1988, Stearns‑Montgomery and Proctor provides competent legal advice and advocacy in the areas of divorce and family law, including child support and custody, alimony and spousal support, paternity and father's rights, and adoption. I recently received a call from a client asking if her future ex-husband would have to pay legal fees for the cost of a divorce in Georgia. In divorce cases, several key factors influence the court's decision on whether one spouse should pay the other's attorney's fees.
