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If you have divorce questions

Who Pays Attorney Fees in Divorce in Georgia?

Cost of Divorce

At Meriwether & Tharp, we understand divorce can be a long and costly process. The length and cost of a divorce is largely dependent on the amount of time necessary to resolve the various issues involved in a case. Since the traditional family law attorney bills for his/her time spent working on the case, an expeditious case will cost much less than a case which is long and drawn-out.

While each party is generally expected to pay their own attorney's fees, awards of attorney's fees can be required to be paid by one party through mutual agreement or by a Court Order from the judge.

Cases Involving Alimony

In a case where alimony has been requested, Georgia law allows for an award of attorney fees to be granted to a spouse who is economically unable to pursue the case until it fully and finally resolved. This allows attorney's fees to be paid as a form of alimony, to ensure effective representation of both parties, so all issues can be thoroughly and fairly resolved.

Guardian Ad Litem

Many judges choose to defer to the insight of a Guardian Ad Litem (GAL) in a case which involves the custody of a child. While a GAL does not necessarily have to be an attorney, many attorneys are certified to serve as a GAL to objectively examine the facts of a case and represent the best interests of a child.

Generally, courts will require the parents to split the cost of a GAL equally (50/50), but some courts may consider alternative approaches to apportion the GAL fees between parents, due to a parent's economic hardship.

Sanctions

The Court is authorized to impose an award of attorney's fees as discipline toward a party who has unnecessarily acted to delay, harass, or expand the litigation by improper conduct.

Should you have questions regarding financing your divorce, contact us for a free telephone conversation with one of our experienced family law attorneys.

Written by: Rebekah Ann James

Categories:

Attorney's Fees Divorce
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