Monday, September 28, 2009

Divorce and Attorney's Fees

You might be wondering: Can I make my worthless spouse, "Sluggo," pay for my divorce attorney's fees, as well as his own divorce lawyer's fees, too?

In Georgia, the simple answer is....maybe! (How about that for a lawyer's answer?!) Generally, Georgia law provides, (in O.C.G.A. 19-6-2), that a grant of attorney's fees as a part of the expenses of litigation may be awarded, "within the sound discretion of the court." The court will consider the financial circumstances of both parties in making this determination, along with deciding the amount of attorney's fees to be awarded.

The bottom line is that getting attorney's fees might be possible in some cases, (especially, for example, if the other party has a much greater income, or if you can prove some fault grounds, such as adultery). But don't count on it. Again, this is another important question to raise and discuss with your own divorce attorney. You will also need to keep in mind that, even if the judge grants attorney fees, it may not be nearly enough to cover your entire bill, (especially if you have retained Perry Mason)! Also, you need to keep in mind that, if ole' Sluggo is really worthless and broke, since you can't squeeze blood out of a turnip, then you may still be on the hook for it anyway.