Paying the lawyers for a divorce can be a financial hardship for many. Going through a divorce can have a significant impact on your finances. You may be wondering if there is any way to get your former spouse to pay for attorney fees instead of having to pay them yourself. Of course, your former spouse may tell you that there is no way they can cover the bills. But what does the law say?
Here’s what you can expect when it comes to the payment for lawyers for divorce:
- In uncontested divorces, 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.
- While both parties should pay for their own attorney fees, if one spouse does not have the funds available, there may be ways around this.
- If one spouse earns a lot more than the other spouse, it is unjust for the wealthy spouse to pay for the best attorney, while the other spouse can’t afford one. In some cases, a court order may require the more affluent spouse to cover the litigation costs and attorney fees.
- A judge might order the liquidation of marital assets to pay for legal expenses that a spouse cannot afford.
- The courts don’t require the cheating spouse to pay the fees for the wronged spouse. However, if the cheating spouse drags out the divorce proceedings by being uncooperative or filing unnecessary motions, some courts may order him to pay the legal fees.
Georgia Law: Court Considers the Financial Situation of Each Party
In the state of Georgia, it is typical for each party to pay for its own attorney’s fees. In cases where one spouse doesn’t have access to the marital assets, protection is in place.
For example, if all of the marital bank accounts are in the husband’s name, and the wife is unable to make withdrawals or sign checks, she would be unable to pay for an attorney. In this situation, the wife could make a motion for attorney’s fees. She would then be able to utilize the marital accounts to pay for the proper representation in the court.
According to the state of Georgia, 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. Attorney fees can be awarded in a lump sum upon finalization of divorce proceedings. Or, they can be awarded at a hearing. If the spouse with the assets does not comply, the order can be enforced by an action for contempt. Not a wise move, so this order is typically more than enough for the spouse to comply.
Worried About Paying for Your Divorce?
You may have options to help pay for your divorce if you don’t have the funds to cover the costs yourself. It is essential to consult with a family law attorney to understand your options and move forward.
The team at Reeder Law Firm is here to help you during this time. Contact one of our Cumming, GA, family law attorneys today. You can get a free consultation and learn more about your options regarding how to pay the lawyers for divorce.
