Title 19, Chapter 6, Section 2
( 19-6-2)
(a) The grant of attorney's fees as a part of the expenses of
litigation, made at any time during the pendency of the litigation,
whether the action is for alimony, divorce and alimony, or contempt
of court arising out of either an alimony case or a divorce and
alimony case, including but not limited to contempt of court orders
involving property division, child custody, and child visitation
rights, shall be: (1) Within the sound discretion of the court, except that the
court shall consider the financial circumstances of both parties
as a part of its determination of the amount of attorney's fees,
if any, to be allowed against either party; and (2) A final judgment as to the amount granted, whether the grant
is in full or on account, which may be enforced by attachment for
contempt of court or by writ of fieri facias, whether the parties
subsequently reconcile or not. (b) Nothing contained in this Code section shall be construed to
mean that attorney's fees shall not be awarded at both the temporary
hearing and the final hearing. (c) An attorney may bring an action in his own name to enforce a
grant of attorney's fees made to him pursuant to this Code section. |