Who Pays for Attorneys' Fees in a Divorce?
Under O.C.G.A. §19-6-2, a judge can order one spouse to pay the other spouse’s attorneys’ fees in a divorce proceeding. However, whether a judge grants your request for the payment of your attorneys’ fees is totally discretionary, or up to his or her judgment. The only factor that the judge must consider in ordering the payment of attorneys’ fees is the financial circumstances of each spouse in the divorce. This factor is similar to at least one of the factors that the judge considers in deciding whether to order one spouse to pay the other spouse alimony.
Furthermore, even if a judge decides to order one spouse to pay the other spouse’s attorneys’ fees, the judge also has the discretion to determine the amount of fees to be paid. This means that if you get an order for your spouse to pay your attorney’s fees, he or she may not have to pay the entire amount of attorneys’ fees that you owe. The judge will look closely at the attorneys’ fees billed by the attorney for each spouse, including the hourly rate charged by each attorney, the number of hours spent by each attorney, and how the fees incurred by the two spouses compare to one another.
A judge also can award attorneys’ fees during the divorce proceedings, or as part of the final order issuing the parties’ divorce. In fact, Georgia law permits, but does not require, the judge to order one spouse to pay the other’s attorneys’ fees both during and after the divorce case.
Divorce, child custody, and property division matters can be very complex, lengthy, and ultimately very expensive to all parties involved. If you are facing a divorce and these types of issues, you should consult with an Atlanta divorce attorney who has the experience and knowledge to properly advise you.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.