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Understanding How Georgia Courts Award Attorney's Fees in Divorce: An Attorney's Perspective

C. Trimble • December 12, 2024

Divorce can be a complex and emotionally charged process, and legal fees can add to the financial strain. In Georgia, courts have specific guidelines for awarding attorney's fees in divorce cases. As an attorney with experience in family law, I aim to clarify how attorney's fees are awarded and the factors that influence these decisions, helping you navigate this aspect of your divorce with greater confidence.

Basis for Awarding Attorney's Fees 

In Georgia, attorney's fees in divorce cases may be awarded under several circumstances. The primary legal basis is found in O.C.G.A. § 19-6-2, which allows courts to award fees based on the financial circumstances of both parties. Courts aim to ensure that one party does not have to incur excessive legal costs due to the other party's actions, especially in cases where one spouse has a significantly higher income or financial resources. Understanding these principles can help you prepare for discussions about fees during your divorce proceedings.


Factors Considered by the Court

When determining whether to award attorney's fees, Georgia courts consider various factors, including the financial status of both spouses, the reasonableness of the legal fees requested, and the conduct of the parties during the litigation. If one spouse has engaged in actions that unnecessarily prolonged the proceedings or increased costs, this may impact the court's decision to award fees. Additionally, the court will examine the complexity of the case and whether the requesting party can afford to pay their attorney without undue hardship. Being aware of these factors can assist you in presenting a compelling case for receiving or contesting attorney's fees.

The Role of Financial Disclosures
Transparency regarding financial matters is critical when seeking an award for attorney's fees. Both parties must provide accurate financial disclosures, including income, assets, and debts. These disclosures help the court assess each party's financial situation and determine the appropriateness of awarding fees. If one spouse is perceived to be hiding income or assets, it can negatively impact their credibility and influence the court's decision. Therefore, working with an attorney to ensure comprehensive and honest financial reporting is essential.

Temporary vs. Permanent Awards
Attorney's fees in divorce cases can be awarded on a temporary or permanent basis. Temporary fees may be granted during the divorce proceedings to ensure that both parties can adequately represent themselves. Permanent awards may be made as part of the final divorce decree, depending on the financial circumstances at the time of the divorce. Understanding the difference between these types of awards can help you plan your legal strategy effectively and address any immediate financial concerns while your case is ongoing.


Your Legal Support Team
Navigating the complexities of attorney's fees in divorce can be daunting, but you don’t have to face it alone. At Chisolm Trimble & Associates, LLC, we are dedicated to providing expert legal support tailored to your unique situation. Whether you are seeking an award for attorney's fees or contesting a request, our experienced team is here to protect your rights and interests. Contact us at 770-741-1570 for a consultation. Let us help you navigate the intricacies of your divorce and achieve a fair resolution.


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