Usually, each party pays their attorney's fees. However, there are safeguards to protect a spouse who has no access to marital property. 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 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. There is no mandatory requirement in our state for the opposing party to pay legal fees. That is 100% at the court's discretion. When I file for a divorce, I always ask that my client be reimbursed for the legal fees she incurs to obtain the divorce, but ultimately, that is decided by a higher court judge.
If you have questions about your divorce, whether it's an attorney's fees or anything else, I would love to help you resolve your case. Please don't hesitate to call me. In determining the appropriate amount of attorney fees to be ordered in a particular case, the judge will consider each party's financial circumstances, what legal services were needed in the case, and what constitutes a reasonable cost for those legal services. The court must take into account the financial circumstances of both parties when determining the amount of attorney fees, if any, to be awarded to either party. In certain divorce cases, one party may engage in deceptive conduct that causes unnecessary delays, resulting in an unfair increase in attorney fees for the innocent spouse.
Attorney fees and litigation expenses are awarded in divorce cases to ensure effective representation of both spouses, so that all issues can be resolved fully and fairly. We interpret Southerland to mean that attorneys' fees must be requested at some point before a final judgment is issued in a divorce proceeding (i.e., Southerland, supra, this court modified the traditional rule to better adapt it to the realities of modern bifurcated divorce proceedings). To request the judge's approval to pay the attorney's fees, the dependent spouse must initiate the court petition. If you are getting a divorce in Gwinnett County and are looking for answers about paying legal fees in Georgia, do not hesitate to contact attorney Sharon Jackson, LLC.
The award of an attorney's fee in a divorce in Georgia is at the discretion of the family court judge as to whether to order one party to pay the other party's legal fees and costs. Therefore, we maintain that it is now sufficient to request the fees of an attorney after the issuance of the divorce decree, but before the conclusion of the hearing on the outstanding issues. An attorney's fee can be paid so that a spouse who was short on cash can receive resources from the marital estate or from the opposing spouse to receive adequate representation in the case. By understanding these factors and taking steps to minimize expenses, such as reaching an agreement without legal representation, the cost of a divorce in Georgia can be reduced. The only issue on appeal is the accuracy of the order denying the appellant's request to pay attorney fees.
In such cases, the court has the discretionary power to order the offending party to assume all or part of the attorney fees of the another part.
