how much are lawyer fees for divorce in georgia

Full Answer

How long does a divorce take to become final in Georgia?

A divorce in Georgia can be granted as soon as 30 days after the date of filing. However, the final decree will not be granted until all the l issues including child custody, child support, alimony and property division have been resolved.

How much does it cost to get divorce in Georgia?

In Georgia, the cost of filing a divorce petition is about $80, but it varies from county to county. In addition, if you have children, the court imposes an extra $30 fee for a mandatory parenting seminar. If you need the county sheriff to serve your divorce papers on your spouse, this will cost you approximately $25 more.

How can you get a divorce free in Georgia?

Here are some important things to know:

• Gathering Important Information
• Deciding How to Proceed with Your Divorce
• Filling Out the Necessary Forms
• Filing Your Documents
• Serving Your Spouse with Divorce Papers
• Frequently Asked Questions About Divorce in Georgia

What to know when divorcing in Georgia?

You’ll likely need to file the following:

• A document certifying that all the information you provide is truthful
• A document informing your spouse of the divorce action
• A document providing a detailed accounting of your marital assets and expenses
• If you have children, forms that calculate the amount of child support required
• A document acknowledging service by your spouse

More items...

How much does a divorce cost in GA 2020?

It is impossible to fully predict the cost of a divorce in Georgia because so many factors depend on the individual situation. The average cost is around $10,000, with costs running higher if you have children or cannot agree on the divorce terms.

How much does it cost to get a simple divorce in Georgia?

Georgia filing fees for an uncontested divorce are generally around $200, and for an additional fee, the sheriff or an appointee from the court can deliver your petition to your spouse.

Who pays attorney fees in divorce in Georgia?

As a general rule, parties in a Georgia divorce are responsible for their own attorneys' fees. In many cases, however, one spouse will ask the court to order the other spouse to pay his or her attorneys' fees.

Do I need a lawyer to file for divorce in Georgia?

Georgia law allows you to represent yourself in all legal cases. With this, you can apply for a divorce without an attorney. However, there are certain things that you must know before getting a divorce. There are several documents to be prepared, requirements to be met, and complex analysis involved.

How long does a divorce take in GA?

The average timeline for most no-fault divorces in Georgia is about 45 to 60 days. There is a mandatory 30-day waiting period after the petitioner files a Complaint. For fault divorces, the timeline varies depending on the complexity of the case and can be anywhere between 6 months and a year.

How long do you have to be separated before divorce in GA?

Whether the desertion was actual or constructive, you must wait a year after the event of desertion before you file for an absolute divorce. For a voluntary separation, you must have been voluntarily separated for at least 12 months without cohabitation before you can file for absolute divorce.

Does it matter who files for divorce first in Georgia?

Generally, it does not make a difference. The party who does not file the Complaint for Divorce has the opportunity to file an Answer to the Complaint and Counterclaim for Divorce requesting the same things as the filing party (ex: child custody, child support, alimony, equitable division of property).

Who qualifies for alimony in Georgia?

What qualifies you for alimony? Under Georgia alimony laws 2022, a spouse in a divorce action or in cases of voluntary separation or where one spouse, against the will of that spouse, is abandoned or driven off by the other spouse, may seek an award of alimony. O.C.G.A. § 19-6-4.

Can you date while legally separated in GA?

Legally speaking, no it is absolutely not OK to date once you separate from your spouse in Georgia. Georgia divorce law does not recognize the concept of “legal separation” that some other states recognize.

What is a wife entitled to in a divorce in Georgia?

What is a spouse entitled to in a divorce in Georgia? Under Georgia law, each spouse is entitled to an “equitable” share of the marital property. This does not equate to an equal division, but instead a “fair” split between the parties.

Can a divorce be denied?

Thus, the courts can deny you a divorce if the judge is convinced you haven't sorted all your kid's custody issues. Not proving at-fault divorce – If you stated fault-based grounds for divorce, such as adultery, and you failed to sufficiently support these claims with evidence, the court can deny your divorce.

How can I get a quick divorce in GA?

In Georgia, the quickest way to get a divorce is through an uncontested divorce, which can be finalized in as short as a month. An uncontested divorce is one in which all issues related to the divorce have been settled between the parties, including equitable division, child custody, child support, and/or alimony.

Contested vs. Uncontested Divorce Costs

A contested divorce will cost more because one or both sides want to fight for what they want. You can expect to go to court, possibly a number of times, where your attorney's fees will add up.

When Should I Pay an Attorney to Handle Something?

Whether contested or uncontested, you may want an attorney's help when creating and filing:

Options That Affect the Cost of Your Georgia Divorce

You have many choices during the course of your divorce that affect the final cost. These decisions should be weighed carefully. Some options might cause you might pay more upfront, but it can build a stronger case that protects your financial future.

How Much Are Divorce Filing Fees in Georgia?

Filing fees will vary by county in the state of Georgia, but they typically range from $200 to $400. To find your exact filing fees, you should call the clerk of court in the county where the divorce will be initiated.

How Much Does a Divorce Lawyer Cost in Georgia?

Most attorneys charge from $100-$300 per hour depending on their experience. Many offer payment plans for legal fees and some may offer a flat fee divorce package. Attorneys who focus on specific areas, such as divorce with children with special needs or incapacitated adults, may charge more.

Can I File for Divorce in Georgia Without a Lawyer?

Yes, you can file " pro se " for divorce proceedings in Georgia. This means you will file on your own behalf and represent yourself in court. It does not mean you can't ever have help from an attorney.

How Long Will a Divorce Take in Georgia?

An uncontested divorce can move quickly, usually taking between one to three months. This is the most expedited option unless you need a temporary divorce order until a more final document is signed.

What is the flat rate for divorce?

If you and your spouse have reached an agreement concerning the major issues in your divorce, a divorce attorney may offer a flat rate to memorialize your agreement properly, prepare all required documentation and finalize your divorce. In uncontested cases, you may have the option of a flat-rate. Uncontested cases allow the attorney to more accurately estimate the time for your case from the onset. However, in an uncontested divorce, the rate may be higher if your case involves children. In cases with children, there is additional paperwork that must be prepared and filed with the court.

What is retainer in divorce?

A retainer is the more common fee structure that divorce attorneys use. When an attorney is unsure how much time they will spend on a case, a retainer fee structure is easier . If you have child custody issues or complicated financial matters in dispute, you can expect a higher initial retainer. If the initial retainer is depleted before the divorce is able to be finalized, an additional retainer will be required.

Pay attention to the fees you are incurring!

It is important to remember that the full amount of attorneys fees requested may not awarded by the judge, even if the judge awards some fees. The party who incurred the fees will be liable to pay his or her attorney whether or not the judge orders the other side to pay.

Purpose of attorney fee award

The purpose of the award of attorneys fees is to enable the receiving spouse to contest all of the issues raised in the divorce or separate maintenance case. The amount is within the judge’s discretion, and the judge must consider the financial circumstances of both parties.

When are attorneys fees not available?

In the event of adultery of one spouse that has not be “condoned” (forgiven) by the other spouse, the party committing adultery would not be entitled to attorneys fees because they are considered temporary alimony. However, the judge would have discretion to award attorneys fees if the adultery issue is contested.

A word to the wise

The cost of your representation is an important issue in your divorce case. Money that you and your spouse spend on attorneys fees for your Georgia divorce is forever gone. It will not be available for your support, your children’s college education, or your retirement.

How Much Does Uncontested Divorce Cost in Georgia?

The cost of uncontested divorce in Georgia will vary depending on the county where you file and the approach you take:

Factors That Influence the Cost of an Uncontested Divorce

A no-fault divorce in Georgia can be both cheap and simple if you consider all potential expenses. The factors that will influence the price are:

Court Fees for Filing a Divorce in Georgia

When you file for divorce in Georgia, a clerk will ask you to pay the filing fee. Court fees in Georgia vary across the state, and are county-specific as you can see from the example below.

What is attorney fees?

Attorney's fees; when granted; grant of final judgment; how enforced; action by attorney. (2) A final judgment as to the amount granted, whether the grant is in full or on account, which may be enforced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not.

What happens if a judge awards attorney fees?

If the judge awards attorney's fees in your divorce, the judge will sign a Final Order showing the amount of attorney's fees that your spouse is required to pay. One of the disadvantages about the judge awarding attorney's fees in your case is that amount of attorney's fees that the judge awards in his Final Order may or may not reflect ...

What does a judge look for in an invoice?

When reviewing the invoices, the judge may look at the hourly rates of staff at your law firm, such as the attorney, associate attorney, and/or paralegal working on your case, as well as the charges that you incurred as compared to those hourly rates and charges that your spouse incurred from the opposing law firm.

Can you get attorney fees in Georgia?

Attorneys Fees in a Georgia Divorce. According to O.C.G.A. § 19-6-2, you can be awarded attorney's fees in a divorce, but the award of attorney's fees is ultimately decided by the judge assigned in your case.