How to Win Attorney’s Fees in Georgia Divorce Law: 19-6-2 vs. 9-15-14
When Georgia judges award attorney’s fees in a divorce, they usually rely on one of two very different statutes (and sometimes both). Knowing which statute fits your situation can shape your strategy, your evidence, and even your likelihood of recovering (or avoiding) fees. This post explores those two primary paths to obtain a fee award in a divorce, with tips on how to be successful in such a claim.
The two main paths to fees:
1) O.C.G.A. § 19-6-2: Need-based fees (divorce and divorce related cases)
This statute lets courts award fees “as a part of the expenses of litigation” in divorce/alimony (and related contempt) cases. The purpose is to help level the playing field so both sides can afford to litigate. In evaluating a request for fees under this statute, judges are required to look at the financial circumstances of both parties. Fees may be awarded at temporary and final stages, and an attorney can enforce the award in their own name.
Key takeaways:
Focus is on ability to pay and relative resources (not punishment or sanction).
Available throughout the case (temporary hearings and final decree).
Standard of review on appeal is typically abuse of discretion (trial court gets significant leeway).
2) O.C.G.A. § 9-15-14 — Sanctions for litigation conduct
This statute is about misuse of the court process—claims or conduct that lack “substantial justification,” are interposed for delay or harassment, or needlessly expand proceedings. Fees can be assessed against the party, the attorney, or both. Courts must make specific findings tying the award to the improper conduct, and the award of fees must be limited to the fees incurred specifically for the sanctionable conduct (not in lump sum).
Key takeaways
Focus is on what happened in the litigation, not relative wealth.
The order must include specific factual findings; otherwise, it’s vulnerable on appeal.
Appellate courts often review whether the conduct met the statute de novo, then review the amount for abuse of discretion.
Can a judge award fees under both statutes?
Short answer: yes. If the court segregates the bases and makes proper findings. In Hoard v. Beveridge (Ga. Supreme Court), the trial court awarded fees under both § 9-15-14(b) and § 19-6-2 arising from a contentious divorce/custody fight. The Supreme Court allowed the overall award to stand because—even if the full amount couldn’t be justified under 9-15-14 alone—it was supported under 19-6-2 with evidence of the parties’ finances. The decision confirms that the statutes serve different purposes and can operate in tandem.
But: Georgia appellate decisions repeatedly caution that courts must separate (1) fees awarded for need under 19-6-2 and (2) fees awarded as sanctions under 9-15-14, and must make the right findings for each. Orders that lump fees together or omit findings are often vacated and remanded.
How courts and appeals look at fee orders:
Under 19-6-2: Courts consider financial resources and may award fees to ensure fair access to counsel; awards at temporary and final stages are expressly permitted.
Under 9-15-14: Courts must identify the specific improper filings or conduct and tie the fee amount to costs caused by that conduct; findings must be specific.
Appeals: Orders lacking statute-specific findings often don’t survive. Appellate courts vacate and send back for proper findings or segregation.
Common mistakes that get fee awards reversed:
Lumping statutes together. Courts can’t issue one undifferentiated figure that mixes need-based and sanctions-based fees. They must segregate amounts and findings.
No findings. A bare order that “X shall pay $Y in fees” is usually reversible—especially under 9-15-14.
Wrong focus. Using 9-15-14 to equalize resources (that’s 19-6-2) or using 19-6-2 to punish tactics (that’s 9-15-14).
Don’t confuse custody-specific fees (19-9-3)
In custody matters, O.C.G.A. § 19-9-3(g) gives courts separate authority to award fees and GAL/experts’ costs in proportions the judge deems fair. That’s different from both 19-6-2 and 9-15-14, though courts sometimes apply them in the same case. Just be sure each award has the correct statutory footing and findings.
Final note
This post is general information, not legal advice. Every case turns on its facts, your judge, and the record you build. Obtaining a fee award can turn heavily on the effectiveness of counsel and the presentation of the fee request. If you’re facing fee exposure—or you need to pursue fees—in a Georgia divorce or custody matter, Resurgens Legal Counsel can help you choose the right statute, assemble the right evidence, and draft motions and proposed orders that hold up on appeal. Schedule a consultation with us today through our website or by calling us directly.