I often get asked whether or not the other side will pay my attorney's fees in this divorce. The answer is, it just depends. And you may have to wait a while. You'll have to front the fees, and then ask the court to award them. In a divorce, the court is permitted to award attorney's fees, both at the temporary hearing and at the final hearing. But the Court does that after it considers the financial condition of both parties.
Thus, if you have one spouse that earns significantly more than the other spouse, that's an indication the Court might award attorney’s fees. But if that spouse is paying all the bills, then that weighs in their favor as well. It's just a determination that the court will make.
Generally, the request for attorney’s fees is included in the pleadings. Any time a lawsuit is filed, you almost always ask for the attorney's fees. But the award of attorney’s fees is something that generally happens on the back end. There is no guarantees that you'll receive it. And if you do receive it, there is no guarantee on how much you will receive.
I hope that helps. If you think it will help someone, please share. If you'd like more information on divorce and family law in Georgia, please subscribe to my YouTube channel.
Nedra K. Howard
Nedra has represented clients in matters relating to divorce, separate maintenance, child custody and support, family violence protective orders, adoption, prenuptial agreements, business disputes and litigation, personal injury, property damage, and wills.
John B. MIller & Associates, P.C.
16 Eastbrook Bend, Suite 201
Peachtree City, GA 30269
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770 - 863 - 8355