Candace M. Williams - Attorney at Law

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Candace M. Williams - Attorney at Law We are a Gainesville-based family law firm, 24 years of experience, fierce representation

Hall County, White County, Jackson County, Lumpkin County, Banks County, Habersham County, Stephens County, Barrow County

Hard week but well worth the effort. 2 hearings, retained on 10 cases, met three discovery deadlines, 4 non party disco...
10/16/2026

Hard week but well worth the effort. 2 hearings, retained on 10 cases, met three discovery deadlines, 4 non party discovery requests. Hard work pays off thank you for the referrals. I wish we could help every caller. We answer the phone. Pray for our sweet dog Jack, we are managing his cancer treatment around the clock . We listen. We care! I love you Hall County.

According to O.C.G.A. § 19-6-2, attorney’s fees may be awarded in alimony cases or divorce and alimony cases. However, t...
10/14/2026

According to O.C.G.A. § 19-6-2, attorney’s fees may be awarded in alimony cases or divorce and alimony cases. However, this section of Georgia law does not specifically authorize awards of attorney’s fees in cases where no alimony is sought. This may be explained by looking to the purpose of this section of law.

The purpose of Georgia’s provision for the award of attorney’s fees for alimony or divorce and alimony cases is to ensure that each spouse is able to prosecute the case to its completion with the aid of competent counsel. See Johnson v. Johnson, 260 GA. 443 (1990); Brady v. Brady, 228 Ga. 617 (1972). Normally, in cases where one spouse is seeking alimony, it is because that spouse is not able to sufficiently support himself or herself without the aid of the other spouse. Thus, he or she may need an award of attorney’s fees in order to be able to carry the divorce case to its completion. However, in cases where neither spouse is seeking spousal support but are instead only seeking the division of marital property, the spouses may not necessarily be in the same unequal financial condition. Under the facts alone, an award of attorney’s fees is likely not warranted. Once one party requests attorney’s fees, the judge will analyze the facts of the case, as well as the testimony of both spouses, and base his or her decision on the financial circumstances of both parties in the divorce. O.C.G.A. § 19-6-2(a)(1). As the award of attorney’s fees is within the discretion of the judge hearing the case, it is important to know that even though you may ask for attorney’s fees there is no guarantee that the judge will actually grant attorney’s fees in your case. Even if the judge presiding over your divorce does grant your request for attorney’s fees, the judge is not required to award you the entire amount of fees you incurred during your divorce. See O.C.G.A. § 19-6-2(a)(2). In fact, it is more often the case that judges actually award amounts less than what is incurred by the requesting party. We ask for fees. We win fees.

What Is The “Date Of Separation”?In order to file a divorce petition, the parties must be living in a “bona fide state o...
10/14/2026

What Is The “Date Of Separation”?
In order to file a divorce petition, the parties must be living in a “bona fide state of separation”. The divorce petition will state the date of separation. The State of Georgia does not require a specific, fixed period of separation. This creates a bit of a moving target because, in Georgia, the date of separation is, simply, the date which you consider yourself separated from your spouse. That date could be the date one party moves into a separate residence, or even another bedroom in the same household. It could be the date both parties agree to a divorce, or it could be the date that you unilaterally decide you are done with the marriage.

There is Georgia case law that states “marital separation means a suspension of the marital relations. . .” between the parties. Blasingame v. Blasingame, 249 Ga. 791, 792, 294 S.E.2d 519, 520 (1982). What this essentially means is that there can be a suspension of marital relations without a separation but there cannot be a separation without the suspension of marital relations. Thus, if you are still involved in a romantic relationship with your spouse, you are not separated. It is important to remember that once your date of separation is stated in your petition, you cannot reconcile with your spouse, even for a brief time, or you risk having your petition dismissed. This will result in additional legal fees and court costs in order to re-file a new petition.

Can I Date? I’m Living In A Bona Fide State Of Separation. This is a question that I get a lot from my clients, and the ...
10/14/2026

Can I Date? I’m Living In A Bona Fide State Of Separation.
This is a question that I get a lot from my clients, and the answer is technically that it won’t be used against you in a divorce. As long as your dating did not prevent reconciliation between you and your spouse and that you began dating after the state of bona fide separation with your spouse occurred. Practically speaking, there may be real implications in regard to issues of child custody, and dating may infuriate your spouse and make it more difficult to settle the case. Also, it is usually harmful to the case if you spend lots of money dating. If you do decide to date, do not spend money on doing so. A host of issues may also arise on a practical basis. It’s best to discuss this issue with your attorney first. Legally speaking, however, it will not be held against you as adultery and will usually be irrelevant in regard to the division of assets, division of debts, alimony, etc. My bottom line advice is to wait and to not date until your divorce is final.

What Is The Average Retainer Fee?Our retainers generally range from $5,000 to $15,000 for contested divorces. I decide o...
10/14/2026

What Is The Average Retainer Fee?
Our retainers generally range from $5,000 to $15,000 for contested divorces. I decide on the amount of the retainer during the initial consultation after considering the issues, for example whether or not custody is likely to be contested. The amount and complexity of the assets may also affect the amount of the retainer.

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200 West Academy Street The Waldrip Center
Gainesville, GA
30501

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+16783165000

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