Getting legal help with divorce can be an important part of protecting your finances, your family, and your future. However, the cost of hiring an attorney is also a major concern for many people. If you are already worried about dividing assets, maintaining two households, or adjusting to a new financial reality, adding legal expenses can feel overwhelming.
You may also wonder who is responsible for paying those expenses. Does each spouse pay for their own attorney? Can your spouse be required to contribute to your legal fees? What happens if your spouse controls most of the marital money?
The answers depend on the circumstances. Understanding some of the financial considerations involved in a Georgia divorce can help you prepare before the process gets underway.
How Much Does Legal Help With Divorce Cost?
There is no standard price for a divorce because every case is different.
An uncontested divorce is generally less complicated when both spouses have already reached agreements on the major issues. A contested divorce can require more attorney time because the spouses disagree about matters such as child custody, alimony, property division, or debt.
A contested case may involve discovery, negotiations, mediation, hearings, or a trial. Complex divorces may also require financial professionals, business valuation professionals, or other specialists.
The more time and resources required to resolve disagreements, the more legal expenses may increase.
Who Normally Pays Attorney Fees in a Georgia Divorce?
In many cases, each spouse pays their own attorney. However, that is not necessarily the end of the discussion.
Georgia courts have discretion to award attorney fees in certain divorce and alimony proceedings. Courts can consider both spouses’ financial circumstances when deciding whether one spouse should contribute to the other’s legal expenses.
For example, imagine one spouse has been the primary income earner throughout a long marriage while the other has remained home to raise the children. If the stay-at-home spouse has little independent income, paying a substantial retainer for legal representation could be difficult.
The court may consider those financial circumstances when addressing attorney fees.
What If Your Spouse Controls the Marital Money?
Another concern arises when one spouse controls most or all of the family’s financial accounts.
Perhaps your income was deposited into a joint account that your spouse controls. Maybe your spouse primarily manages investment accounts or other assets. Being unable to access money does not necessarily mean you must proceed without legal representation.
An attorney can review the circumstances and determine whether requesting attorney fees or other financial relief from the court may be appropriate.
This is one reason it can be helpful to seek legal help with divorce early rather than assuming you cannot afford representation.
Can Marital Assets Be Used for Divorce Expenses?
Marital assets can become an important consideration when neither spouse has significant cash readily available for legal expenses.
A divorcing couple may have substantial assets while having relatively little liquid cash. For example, much of their wealth could be tied up in investments, real estate, or other property.
Depending on the circumstances, there may be options for accessing marital funds or addressing legal expenses during the divorce. However, you should speak with an attorney before selling, transferring, hiding, or withdrawing significant marital assets.
Actions involving marital property can affect the divorce case, so getting legal advice before making major financial moves is important.
Does Bad Behavior Mean Your Spouse Pays Your Attorney Fees?
This is an area where it is important not to make assumptions.
Adultery or another form of marital misconduct does not automatically mean your spouse will have to pay all of your legal fees. Likewise, an emotionally difficult divorce does not automatically result in an attorney fee award.
The circumstances of the case matter. Courts may consider applicable Georgia law, the parties’ finances, and other relevant factors when deciding whether to award attorney fees.
Rather than counting on your spouse to pay, discuss your financial situation with your attorney early in the process.
How Can You Help Control Divorce Costs?
You cannot control every expense, particularly when your spouse contests important issues. However, you can take practical steps to make working with your attorney more efficient.
Start by organizing financial documents, account statements, tax returns, property records, and other information your attorney requests. Keep important questions together instead of sending multiple messages about minor issues throughout the day.
It also helps to decide which issues truly matter to your future. Spending significant legal fees fighting over property with little financial or personal value may not make sense.
Your attorney can help you distinguish between issues worth pursuing and disagreements that may cost more to fight than they are worth.
Plan for the Financial Side of Divorce
The cost of divorce can be intimidating, but concerns about money should not prevent you from learning about your legal options. The financial circumstances of each marriage are different, and there may be options available that you have not considered.
Getting legal help with divorce can also help you look beyond today’s expenses. Decisions about property division, debt, alimony, child support, and other financial matters may affect you for years after the divorce is final.
If you have questions about paying for legal help with divorce, contact Reeder Law Firm to discuss your circumstances. With offices serving Cumming, GA and Alpharetta, GA, the firm’s family law attorneys can explain your options and help you prepare for the financial and legal issues ahead. Call today to schedule a complimentary consultation and learn what your next steps may look like.
