Attorney’s fees under OCGA 19-6-2 must be requested before the final judgment in a Georgia divorce, and a timely request keeps the issue alive even if the ruling comes later.
What the Statute Says
OCGA 19-6-2(a) allows the grant of fees “at any time during the pendency of the litigation,” and OCGA 19-6-2(b) contemplates awards “at both the temporary hearing and the final hearing.”
A temporary award is not the last word. In Richardson v. Richardson, 237 Ga. 830 (1976), a husband who had paid the $1,500 temporary award argued it was complete, but the Georgia Supreme Court upheld a further award at the end of the case, because at a temporary hearing “the trial judge frequently cannot know or foresee what issues may arise.”
The Deadline
Under Blanchet v. Blanchet, 251 Ga. 379 (1983), “attorney fees must be requested at some time prior to entry of final judgment in a divorce trial.” A request in the complaint is enough, and “[o]nce such a request is made, the issue of attorney fees is preserved, without further reservation by the trial judge or additional application by the parties.”
A first request after the decree is too late. In Hagstrom v. Hagstrom, 235 Ga. 853 (1976), a discharged lawyer petitioned for a $2,000 fee after the decree; the resulting order was “utterly void,” “even if rendered within the same term of court.”
The Judge Can Decide Later
A court may enter the decree and reserve fees; Brochin v. Brochin, 277 Ga. 66 (2003), held that Uniform Superior Court Rule 24.7 allows this, because the fee question “often cannot be thoroughly fleshed out and adjudicated until the case is terminated.” Kautter v. Kautter, 286 Ga. 16 (2009), allowed fees for an appeal taken while the case was pending.
OCGA 9-15-14 sanction fees have their own clock, “not later than 45 days after the final disposition of the action,” as our required-findings post explains.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!