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One of the most common questions people have regarding lawsuits concerns the possibility of the recovery of attorney's fees. In the State of Georgia there is two statutes which allow for the recovery of attorney's fees; Official Code of Georgia Annotated (O.C.G.A.) Sections 13-1-11 and 13-6-11.
A question Georgia divorce attorneys are often asked is ?Who pays for the divorce?? Generally, each party pays for their own attorney's fees. However, there are safeguards in place to protect a spouse who has no access to marital assets from the spouse who is using these assets at his/her disposal.
Answer: I had a client call recently about whether or not her soon to be ex-husband was going to be required to pay the legal fees for the cost of the divorce in Georgia. There is no mandatory requirement in our state to have the opposing party pay the legal fees. That is 100% at the discretion of the court.
§ 9-15-14 is that a court of record of Georgia may impose reasonable and necessary attorney fees and expenses of litigation for proceedings before that court, which were brought for purposes of harassment or delay or lacked substantial justification. McNair v. McNair, 343 Ga. App.