Who Pays Attorney Fees in a Divorce in Illinois?

Who Pays Attorney Fees in a Divorce in Illinois? – Law Offices of Anthony R. Scifo – 2155 Point Boulevard – Suite 220 – Elgin – Call 847-628-8311

Who Pays Attorney Fees in a Divorce in Illinois?

That typically occurs if there is a significant difference in their financial situations. In that case, the burden is upon the spouse in need of assistance to show they’re not able to pay the attorney fees.

Typically, you’re responsible for payment of your own attorney bills. The court system, though, wants to ensure that one side in a divorce does not have any unfair advantages. Attorneys can file what’s known as a Petition for Interim Attorney’s Fees, which equalizes the distribution of the fees between each party. One party may file to have the other pay all or some of the attorney fees.

Courts typically consider awarding interim attorney fees while determining how to divide the liabilities and assets in a divorce. They function as a kind of down payment on final distribution of properties. The more that’s awarded as interim attorney’s fees to one of the parties, the less the other party will probably receive after division of the assets. The attorney’s fees for each party is viewed as dissipation and subsequently are equalized at the conclusion of the case.

Who Pays Attorney Fees in a Divorce in Illinois? When considering how to award the attorney fees, courts take into account factors such as:

-The incomes and properties of each party, which can include marital and non-marital properties.
-Each party’s needs and their realistic earning capabilities.
-Any factors that may impair the earning capability of either of the parties.
-The standard of living, during the marriage, that each party enjoyed.
-The number and complexities of the contested issues in the process of divorce.

Contact the offices of Anthony R. Scifo today to hear more about our Who Pays Attorney Fees in a Divorce in Illinois services and how we can help you with your divorce case. Call 847-628-8311