HB379: HB379 Courts; divorce actions; provide certain lien protections

Under current Georgia law (O.C.G.A. § 15-19-14), attorneys can place liens on property to secure payment for their services. This bill adds a new limit: an attorney cannot use that lien law to encumber property that a divorce court has awarded to the other spouse (the 'adverse party') in a divorce case. The bill also changes a rule about standing orders in domestic relations cases (O.C.G.A. § 19-1-1). Currently, such orders can bind the parties, their attorneys, and others acting with them. The bill adds a requirement that notice be given to the parties and the judge handling the case before the order binds them and others, including former attorneys. The bill repeals any conflicting laws but does not state a separate effective date, so it would follow Georgia's standard effective date rules.

• Adds a new subsection to Georgia's attorney lien law (O.C.G.A. § 15-19-14) barring attorneys from encumbering property awarded to the other spouse in a divorce.
• Revises O.C.G.A. § 19-1-1(b)(1) to require notice to the parties and the presiding judge before a standing order in a domestic relations case binds them.
• Expands the list of people bound by such standing orders to explicitly include former attorneys, in addition to current attorneys, agents, servants, and employees.
• Repeals any existing Georgia laws that conflict with these changes.

Divorcing spouses whose property could otherwise be targeted by an attorney's lien, family law attorneys who file liens for unpaid fees, and judges and parties involved in domestic relations cases governed by standing restraining orders.

Spouses who receive property in a divorce settlement would be protected from having that property encumbered by the other side's attorney seeking payment. The notice requirement would also give parties and judges clearer visibility before a standing order legally binds them in a domestic relations case.

• Section 1 adds subsection (g) to O.C.G.A. § 15-19-14, stating the lien law does not authorize an attorney to encumber property awarded to an adverse party in a divorce action.
• Section 2 revises paragraph (1) of subsection (b) of O.C.G.A. § 19-1-1 to require notice to the parties and the judge before a standing order binds them, their attorneys, former attorneys, and others acting with them.
• Section 3 repeals all laws and parts of laws that conflict with the Act.

1. 2025-02-12House Second Readers (House)
2. 2025-02-11House First Readers (House)
3. 2025-02-10House Hopper (House)

• Martin Momtahan (R, HD-017)Primary sponsor
• Stan Gunter (R, HD-008)
• Matt Reeves (R, HD-099)

• divorce law
• attorney liens
• family court
• domestic relations orders