It’s no secret–paying for an attorney for divorce is expensive, especially if it is a contested divorce. For many people, a contested divorce can seem like a genuine financial hardship. If you are beginning the divorce process, you may want to know if there is any way to avoid paying the fees and instead have your former spouse cover them.
In an uncontested divorce, the fees will certainly be lower and more affordable. However, a contested divorce often requires multiple court appearances from your attorney and time-consuming attorney preparation.
In the state of Georgia, it is typical for each party to pay for their own attorney’s fees. However, for spouses who have no access to the marital assets, there is protection in place. For example, if all of the marital bank accounts are in the wife’s name, the husband is unable to make any withdrawals or sign checks. Therefore, he would be unable to afford an attorney. The husband could make a motion for attorney’s fees and would be able to utilize the marital accounts to pay for proper representation in court.
What Does Georgia Law Say?
Furthermore, Georgia law states that the grant of attorney’s fees should be within the sound discretion of the court, as long as the court considers the financial situations of each party. The awarding of attorney fees can happen in one of two ways. One way is in a lump sum, either when divorce proceedings are complete or at a hearing. The order can be enforced through an action for contempt if the spouse with the assets fails to comply.
Other Factors Determining Who Pays for an Attorney for Divorce
- If a spouse earns a lot more than the other spouse, it is unfair for the wealthy spouse to pay for the best attorney, while the other spouse can’t afford one. In some situations, a court order requires the wealthier spouse to pay for the attorney fees and litigation costs.
- In other cases, a judge might order the liquidation of marital assets to pay for legal expenses.
- While a cheating spouse isn’t required to pay the fees for the wronged spouse, if the cheating spouse drags out the divorce proceedings by being uncooperative or filing unnecessary motions, some courts may order that he pay the legal fees.
If you are struggling to hire an attorney for financial reasons, you may have some options. It is essential to consult with a family law attorney to understand the available options. As soon as you find out your options, you can move forward. The team at Reeder Law Firm is here to help you during this time. Call (770) 475-2521 to contact our Cumming office today to discuss your options regarding who will pay for an attorney for divorce.
