One question that divorce lawyers in Georgia hear very often is, “Who pays for the divorce?” Generally, each party pays its own lawyer fees. However, there are security measures to protect a spouse who does not have access to community property and the opposing spouse is using these assets at their disposal. Georgia law expressly provides that the award of attorney’s fees will be at the discretion of the court, provided the court uses the financial circumstances of both sides a part of its determination. OCGA § 2.6.19 (a) (1). The fees can be awarded in full at the end of the divorce proceedings. OCGA § 2.6.19 (a) (2). Attorney’s fees may be awarded at a temporary hearing, the final hearing, or both, if the financial circumstances justify the awards. OCGA § 2.6.19 (b). Like any other order, the award of attorney’s fees may be imposed for a contempt action.
Consider a couple who is going through a divorce, and all accounts from the marriage are the husband’s name. Women can not make withdrawals from the joint accounts, or even sign the checks, because his name does not appear in the accounts. Therefore, you may not be able to pay a deposit or to keep up with monthly bills of counsel. In this situation, we highly recommend that the wife make a motion for attorney’s fees, so she can make use of martial accounts and defend herself equally in the divorce action.
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For more information regarding how we can help you through any family law or criminal issue, call us at 770-444-3399 or contact us by email today. Our office is conveniently located in Kennesaw, Georgia close to downtown Marietta and conveniently located in between the Cobb County and Cherokee County Courthouses and is easily accessible to all of metro Atlanta, including Fulton, Dekalb, Paulding, Bartow and Douglas counties.
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If you are struggling with a serious family law or criminal defense issue, Diane Cherry can help you pursue a favorable outcome. Call today to speak with experienced Cobb County criminal and family law attorney, Diane Cherry.
The Cherry Law Firm, P.C.
1301 Shiloh Road, Suite 1620
Kennesaw, Georgia 30144
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