Home › Guides
Working with a family lawyer in Georgia
Summary
A family lawyer explains your options, prepares and files the papers, negotiates with your spouse's side, goes with you to mediation and represents you in court.
Many Georgia family lawyers charge by the hour, billed against an upfront deposit called a retainer. Some offer flat fees for simpler matters, such as an uncontested divorce. A lawyer should explain the fee terms up front, preferably in writing.
You get the most from your lawyer by coming organized, being open about the facts and money, and keeping communication focused.
What a family lawyer does for you
- Explains your options and what to expect in your county's court
- Prepares and files the papers, and keeps track of deadlines
- Gathers financial information from both sides, including through discovery
- Negotiates with your spouse or your spouse's lawyer
- Prepares you for mediation, and often goes with you
- Drafts or reviews the settlement agreement and parenting plan
- Represents you at hearings and, if needed, at trial
How fees usually work
- Retainer: an upfront deposit. The lawyer bills their time against it, and you may be asked to add more if it runs low. Ask how the retainer works and what happens to any part that hasn't been used when the case ends.
- Hourly rate: time is billed for meetings, calls, emails, drafting and court. Ask the rate for the lawyer and for any paralegal who works on your case.
- Flat fee: some firms charge one set price for a defined task, such as an uncontested divorce or reviewing an agreement. Ask exactly what it includes.
- Costs: court filing fees, sheriff service, copies and any experts are usually separate from the lawyer's fee.
Georgia's rules for lawyers require the fee terms to be explained, preferably in writing, and don't allow a fee in a divorce that depends on getting the divorce or on the amount of alimony or support.
If your spouse earns much more than you
A Georgia judge can order one spouse to pay some or all of the other spouse's lawyer's fees during a divorce, after looking at both spouses' finances.[1] Ask a lawyer whether that might apply to you.
Getting the most from your lawyer
- Bring your papers organized: tax returns, pay stubs, bank and retirement statements, and loan and credit card statements.
- Write your questions down and send them together, rather than one at a time.
- Be open about the facts and the money from the start, including anything you're worried about. Surprises later are harder to handle.
- Keep a simple timeline of important dates and events.
- Ask how the firm prefers to communicate, and how quickly you can expect replies.
- Read each bill when it comes, and ask about anything you don't understand.
Your first meeting
Many firms offer a first consultation, sometimes for a fee. What you tell a lawyer in a consultation is generally kept confidential, even if you don't hire them.
Bring a short summary of your situation, the names of everyone involved so the firm can check for conflicts, any court papers you've received, and your main financial papers. It's fine to meet more than one lawyer before you choose.
If you can't afford a lawyer
If your income is low, free legal help may be available. Atlanta Legal Aid Society serves Fulton, DeKalb, Cobb, Gwinnett and Clayton counties and handles some divorce and custody cases. The Georgia Legal Services Program serves the other 154 counties but generally takes divorce cases only for survivors of family violence.
Questions you might ask a lawyer
- How much of your practice is family law, and how often are you in our county's court?
- How do you bill, what's the retainer, and what's included in it?
- Who else at the firm will work on my case, and at what rates?
- Based on what you've heard, what are my options and the likely next steps?
- How do you prefer to communicate, and how quickly do you usually reply?
Common questions
How much does a divorce lawyer cost in Georgia?
It depends on the lawyer, the county and how much the spouses agree on. An uncontested divorce usually costs much less than one that goes to trial. Ask each firm about its retainer, hourly rate and any flat fees.
Can my spouse be ordered to pay my lawyer's fees in Georgia?
Yes, it's possible. A judge can order one spouse to pay some or all of the other's lawyer's fees after looking at both spouses' finances.[1]
Can a Georgia divorce lawyer work on contingency?
No. Georgia's rules for lawyers don't allow a fee in a divorce that depends on getting the divorce or on the amount of alimony or support.
Is a first consultation with a lawyer confidential?
Generally, yes. What you tell a lawyer in a consultation is kept confidential, even if you don't hire them.
Sources
- ^ O.C.G.A. § 19-6-2, attorney's fees in divorce (Justia)
- Georgia Rule of Professional Conduct 1.5, fees
- Georgia Rule of Professional Conduct 1.16, refunding unearned fees
- Georgia Rule of Professional Conduct 1.18, duties to prospective clients
- Atlanta Legal Aid Society
- Georgia Legal Services Program
- Georgia Legal Services Program, family law
Laws and court rules change. If something here looks out of date, email help@divorce.city.