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How to Get Attorney Fees Paid in a Divorce
The general guideline is that each party is responsible for paying their own attorney’s fees as well as court costs. In a divorce, however, courts can decide to allocate the fees based upon the parties’ financial resources.
How to Get Attorney Fees Paid in a Divorce -Parties in a divorce case may file what’s known as a petition for interim attorney’s fees. This seeks to have the other party pay existing and future attorney’s fees either partially or entirely.
A divorce court in the state of Illinois will typically grant this type of petition in a reasonable sum that’s necessary to enable the petitioner to continue participating in the case if they lack the income and assets to make payments. And, when the responding party has the financial resources to pay the amounts.
In the event the divorce court determines that both of the parties in the case are lacking the ability to make payment of their attorney’s fees, the court can allocate the funds the couple does have available to them between each of their lawyers in a way that reaches parity.
If the responding party to an interim attorney’s fee petition already paid retainer fees to their Elgin divorce attorney, then the court might direct the attorney to then pay a part or even all of that amount to the other side’s attorney as a part of the fee award. This serves to prevent situations in which one party basically makes assets inaccessible to the other through paying a substantial retainer to their attorney.
If you’re planning to seek a divorce and How to Get Attorney Fees Paid in a Divorce, the guidance of a legal professional is essential for protecting your rights and bests interests. Contact our firm today for a consultation at 847-628-8311.