Does My Ex Have to Pay My Legal Fees in an Atlanta Contested Divorce?

If you’re approaching a contested divorce in Atlanta, you might be nervous about the potential legal fees involved. It’s no secret that a divorce trial can be costly, and you might wonder how you’re going to pay your lawyer. But what if your ex is legally required to pay your legal fees? Could this be a possibility?

Georgia Code § 19-6-2 Explained

Georgia Code § 19-6-2 states that during a divorce, the court has the authority to order one spouse to pay the other spouse’s legal fees. Generally speaking, a spouse with a significantly higher income than their ex has to pay for all legal fees related to a divorce. The same logic may apply if one spouse has much higher assets than their counterpart. In the eyes of the court, a fair trial is impossible if one spouse is capable of pouring much more resources into their legal representation than the other. The solution is to “level the playing field.”

Aside from financial disparities, the court might also consider misconduct when awarding attorney fees. If your ex committed certain misconduct, they may have to pay your legal fees regardless of how much they earn or how much property they have. This misconduct may include concealing assets, willfully dissipating or destroying marital property, lying to the court, or attempting various stalling tactics.

Generally speaking, the court orders someone to pay both sides’ legal fees if they believe that person is the underlying reason for the litigation. For example, the individual in question may have sabotaged the collaborative law process before the trial, making litigation inevitable. They may have lied to the court midway through a trial, thereby wasting the court’s time.

Sometimes, conduct during a marriage can also cause the court to award attorney fees. For example, your ex might have been abusive, neglectful, threatening, or otherwise problematic during the marriage. The court can choose to award attorney fees on a case-by-case basis, based purely on the discretion of the judge.

Is a Trial Always Expensive?

A contested divorce is almost always more expensive than ADR. This is because the process takes longer and is subject to stricter rules. That said, you may be able to limit your legal fees by limiting communication with your lawyer and avoiding anything that might stall the litigation process.

Can an Atlanta Contested Divorce Lawyer Help Me?

A contested divorce lawyer in Atlanta may be able to help you determine whether your ex has to pay your legal fees. As a general rule, your ex needs to cover these costs if they earn much more than you. However, your ex might also be required to cover 100 percent of the legal fees if they commit certain types of misconduct. Continue this conversation with Buckhead Family Law today.

Sources: 

augustabar.org/Resources/696.pdf

readingroom.law.gsu.edu/cgi/viewcontent.cgi?article=2567&context=gsulr