Can I get attorney fees if my ex does not settle our divorce case in Suwanee, Georgia?

In the realm of family law, particularly in the context of divorce settlements, the issue of attorney’s fees often becomes a crucial point of contention. One case that has shed light on the matter of attorney’s fees, especially when it comes to a party’s refusal to settle, is Weaver v. Weaver, 263 Ga. 56 (1993). This case clarifies an important aspect of Georgia law, specifically the relationship between settlement refusal and the ability to recover attorney’s fees under Georgia Code Section 19-6-2.

In the case of Weaver v. Weaver, the Georgia Court of Appeals dealt with the question of whether a party could be entitled to attorney’s fees under Georgia Code Section 19-6-2 when they refused to settle a divorce case. This section is not similar to Georgia Code Section 9-15-14, which pertains to the awarding of attorney's fees and costs in divorce actions, often when one party has acted in bad faith or in a manner that unreasonably prolongs proceedings.

The central issue in Weaver v. Weaver was whether a party could recover attorney's fees under Georgia Code Section 19-6-2 simply because their spouse had refused a settlement offer. The litigant argued that their spouse's refusal to settle the case constituted bad faith or unreasonable conduct, which should have entitled them to attorney's fees under Georgia Code Section 19-6-2.

Georgia Code Section 19-6-2 and 9-15-14: The Legal Standard

Georgia Code Section 19-6-2 is one of the statutes that governs the award of attorney’s fees in divorce proceedings. Pursuant to Georgia Code Section 19-6-2, the Court can award attorney’s fees in a divorce action, or an action deriving from a divorce (i.e., contempt or modification of alimony or child support) to place the parties on an equal financial playing field. The Court has held that the purpose of an award under Georgia Code Section 19-6-2 is “to ensure effective representation of both spouses so that all issues can be fully and fairly resolved.” Johnson v. Johnson, 260 Ga. 443-444 (1990). Conduct of the parties is not a relevant factor when the Court considers an award under Georgia Code Section 19-6-2.

Another Georgia Code Section that pertains to attorneys fees is 9-15-14, which specifically allows for the recovery of attorney's fees in cases where one party has acted in bad faith, caused unnecessary delay, or engaged in unreasonable conduct. Under this statute, a party can request attorney's fees if they can demonstrate that the other party has unnecessarily prolonged the case or refused to act in a manner that would facilitate an amicable settlement. This law was designed to encourage parties to act reasonably and cooperatively, especially when dealing with sensitive matters such as divorce and child custody. However, simply refusing to settle does not automatically warrant the awarding of attorney's fees. The conduct referenced by Georgia Code Section 9-15-14 must be unreasonable, in bad faith or frivolous to justify an award of fees.

In its decision, the Georgia Court of Appeals ruled that a refusal to settle a case, in and of itself, does not meet the criteria for awarding attorney’s fees under Georgia Code Section 19-6-2. The Court emphasized that simply refusing to settle does not necessarily equate to bad faith or unreasonable conduct. This is true of both Georgia Code Section 19-6-2 and 9-15-14. Fenters v. Fenters, 238 Ga. 131, 133 (1977), specifically stated that whether a party is at "fault" for a refusal to settle is wholly irrelevant to the inquiry whether attorney fees should be awarded in the first instance. 

Implications for Divorce and Family Law Cases

Attorney’s fees are not automatically awarded simply because one party rejects a settlement offer. This means that you must be cautious when requesting fees based on a refusal to settle, as the court will look for more substantial evidence of bad faith or unreasonable behavior.

If you are considering a divorce settlement, remember that refusing to settle does not, by itself, create grounds for penalties or fee awards. As always, the key to successful negotiation and resolution of family law cases is good faith, transparency, and a focus on the best interests of all parties involved.

More questions? Let’s talk. Call or text me at 770-880-4781 or send an email to info@elizabeth-schneider.com