Section 19-6-2. Attorney's fees; when granted; grant of final judgment; how enforced; action by attorney

   (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.

Code 1933, § 30-202.1, enacted by Ga. L. 1967, p. 591, § 1; Ga. L. 1976, p. 1017, § 1; Ga. L. 1977, p. 312, § 1; Ga. L. 1979, p. 466, § 8; Ga. L. 1985, p. 877, § 1.