As a general rule, parties in a Georgia divorce are responsible for their own attorneys’ fees. In many cases, however, one spouse will ask the court to order the other spouse to pay his or her attorneys’ fees. When this occurs, it is totally up to the judge to decide if one spouse should pay the other’s attorneys’ fees, and, if so, how much should be paid. A judge may order the payment of fees early in the divorce at a temporary hearing, and perhaps the payment of additional fees at the end of the divorce case.
Payment of attorneys’ fees in a Georgia divorce case is considered to be temporary alimony. This is the case even if the judge does not ultimately order alimony at the conclusion of the divorce. The judge will make findings of fact in support of an order to pay attorneys’ fees and give the legal basis for the order pursuant to O.C.G.A. 19-6-2, which governs the judge’s authority to grant a request for payment of attorneys’ fees as alimony in a divorce case.
In determining the appropriate amount of attorneys’ fees to order in a particular case, the judge will consider the financial circumstances of each party, what legal services were necessary in the case, and what constitutes a reasonable cost for those legal services. However, remember that it is completely up to the judge to decide what amount of fees are appropriate, if any. There is no guarantee that the judge will order your spouse to pay your attorneys’ fees, or that the judge will order your spouse to pay the entire amount of your attorneys’ fees.
A Georgia divorce lawyer can make all the difference in securing an attorneys’ fees award in your divorce case. Whether to request payment of attorneys’ fees and how much to request is a decision that you should make with the help of an experienced divorce attorney.
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.