Divorce brings emotional, physical and psychological disruption. In addition to dealing with your rapidly changing life circumstances, a divorce may significantly impact your finances. That’s why divorcing couples in Georgia often wonder, “How much does a divorce cost in GA?”
It’s difficult to state a specific cost, because it varies depending on the circumstances of your marriage. However, you can examine the different factors that could impact your divorce’s cost to get a general sense of how much you may spend.
This article provides an overview of the standard divorce expenses and various factors that impact the cost of your divorce in Georgia.
The average cost of divorce in Georgia
On average, divorce in Georgia currently costs between $10,500 and almost $13,000 for an attorney, plus around $1,600 more for additional fees. These other expenses can include filing and service fees, paying for expert witnesses and more, as explained in the rest of this article.
Breakdown of the costs of divorce in Georgia
Divorce in Georgia follows a specific process. With each step, you may face different fees, as outlined below.
Filing fees
To begin the divorce process, you must file a divorce complaint and other required documents in court. Filing a case requires you to pay a filing fee. In Georgia, these fees vary by county and currently range from about $200 to $400. Check with the superior court in the county where you’ll file for an exact fee.
Service fees
After you complete and file your complaint, you must have it served on your spouse.
If your spouse is willing to sign an acknowledgement of service, you can deliver the complaint to them personally.
In other cases, you must have someone 18 or older personally serve the divorce complaint. To ensure that everything is served properly, many people hire process servers. Process server fees vary, but typically cost less than $100 for non-rush service, depending on how far the person has to travel and how many attempts they need to make.
Alternatively, you can have your county sheriff’s office serve your spouse. The cost for this is regulated by statute and is currently $50.
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Attorney fees
Although not required, legal counsel can be beneficial during a divorce. An experienced divorce attorney can help with every step, from properly filing the paperwork to presenting your case in court.
Attorneys generally charge an hourly rate or a flat fee. Georgia divorce attorneys currently charge an average of about $250 to $300 per hour. That can add up to almost $13,000 for complex divorces.
Temporary spousal or child support
If you expect a contested divorce, it’s likely the court will enter temporary orders for child custody, child support and spousal support (alimony). These orders typically remain in place until your divorce is finalized.
Most often, the noncustodial parent is required to pay child support to the custodial parent. Courts calculate the amount of support using a set formula based on each parent’s income.
To calculate alimony, Georgia courts consider each party’s relative needs and ability to pay. If you earn more than your spouse and they don’t have enough income to meet their own needs, you’ll likely be ordered to pay temporary spousal support. The amount depends on your spouse’s need and how much you can afford to meet that need.
Georgia courts can also order one party to help pay the divorce costs of the other party as part of a temporary alimony order.
Discovery
After your spouse responds to the complaint, the discovery process begins. This is an exchange of information between the parties through various means, such as:
- Requests for documents
- Expert witness reports
- Interrogatories or written questions for the other party to answer under oath
- Depositions where the parties or witnesses are questioned under oath
The costs for some of these discovery techniques can add up. For example:
- A deposition requires hiring a person to transcribe the deposition and sometimes a videographer. You can expect to pay a stenographer several hundred dollars, while a videographer costs more.
- Typical experts for witness reports in a divorce case include vocational experts, psychologists and accountants. These can each charge a few hundred dollars per hour to review documents, make depositions and appear in court.
Mediation
Some Georgia courts have an alternative dispute resolution (ADR) program. In those courts, a judge may refer your divorce case to mediation in an effort to resolve it without extensive litigation. You can also choose to use mediation to try to reach a divorce agreement without going to trial even if a court doesn’t refer you.
In mediation, an independent third party, called a mediator, tries to help the parties to reach a middle ground on as many issues of the divorce as possible.
The cost of mediation varies depending on where you live. Some counties cover some of these charges, while other counties don’t.
Mediators may charge a flat fee or by the hour. If you pay out of pocket, it’ll likely cost somewhere between $3,000 and $8,000 total, split between you and your spouse. You may also wish to hire a divorce lawyer to attend meditation and review the settlement agreement before you sign it.
Depending on the circumstances of your divorce, the price of mediation may add up. Remember, though, that mediation often results in a settlement and reduces prolonged litigation. In the end, many couples would rather pay for mediation than pay tens of thousands of dollars to go to trial.
Trial
If you and your spouse can’t reach an agreement on your own or through mediation, you have to go to trial. The costs here can be significant. In addition to attorney fees, there’s the cost of trial preparation (such as paralegals to prepare exhibits for trial) and possibly expert witness expenses. This can add hundreds to the cost of divorce in Georgia.
Factors that impact the cost of a Georgia divorce
Whether your divorce is uncontested or contested makes a big difference in the cost of the process. Some other key issues that can affect your financial burden are children, property and spousal support.
Contested divorce vs. uncontested divorce
Many of the costs of a divorce increase or decrease depending on whether you have a contested or uncontested divorce.
- In a contested divorce, the spouses disagree about one or more issues of the divorce. In most cases, the couple will need to go to trial.
- In an uncontested divorce, the spouses agree on all the major issues. They draft a divorce settlement agreement that they file with the court for approval.
The cost of an uncontested divorce in Georgia is less than the cost of a contested divorce since there’s less need for litigation.
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Minor children
Many costs can arise if you and your spouse share minor children. Depending on the custody arrangement, you may have to buy new furniture, clothing and other items so your children can be comfortable in both residences. Also, one party may be required to pay child support depending on each parent’s income and the custody agreement.
Division of marital property
Some types of marital property are relatively easy to divide. Others may require some effort and expense. For example, the couple’s home may be considered marital property to be split between the spouses. Sometimes, one spouse decides to buy the other spouse out so they can keep the home. Other times, the spouses may agree to sell the house and divide the proceeds.
You may also wish to hire a forensic accountant to help verify all of your and your soon-to-be ex’s assets so you get your share of property as well as the appropriate spousal and child support.
Alimony
Depending on the income differences between the spouses, a court may order one spouse to pay the other spousal support or alimony. A court can order both temporary alimony, to be paid during the proceeding, and permanent alimony, to be paid for some time after the divorce is over. Note that permanent alimony isn’t necessarily permanent. It generally ends when the recipient spouse becomes self-sufficient or remarries, or when either spouse dies.
When to speak with a lawyer
Not every divorce requires a lawyer, especially if you and your ex are on good terms and don’t have any children. However, working with an experienced divorce attorney can save you stress and money in the end. They can:
- Be sure everything is filed correctly and on time
- Help negotiate and draft a divorce settlement agreement with your best interests in mind
- Hire experts to support your case
- Best present your side to a judge
- Increase the likelihood that you’ll get a fair settlement
