Can You Avoid Paying Attorney’s Fees in an Illinois Divorce If You’re Broke?

Divorcing can be expensive, but what if you can’t afford to pay for attorney’s fees? In Illinois, divorce laws offer some relief if you truly cannot pay attorney’s fees. But, proving you’re ‘broke’ is only part of the challenge. An Illinois divorce court can award attorney’s fees from one party to the other party’s attorney under 750 ILCS 5/508(a) and 750 ILCS 5/501(c-1). These two statutes work in tandem. “The court from time to time, after due notice and hearing, and after considering the financial resources of the parties, may order any party to pay a reasonable amount for his own or the other party’s costs and attorney’s fees. Interim attorney’s fees and costs may be awarded from the opposing party, in a pre-judgment dissolution proceeding in accordance with subsection (c-1) of Section 501” 750 ILCS 5/508(a)(emphasis mine) Even Guardian Ad Litems and Child Representatives can sue litigants for attorney’s fees. “The court shall enter an order as appropriate for costs, fees, and disbursements, including a retainer, when the attorney, guardian ad litem, or child’s representative is appointed… The provisions of Sections 501 and 508 of this Act shall apply to fees and costs for attorneys appointed under this Section.” 750 ILCS 5/506(b) While statutes set the groundwork for attorney fee awards, case law clarifies how courts apply these rules in real-life situations. When asking a court to award attorney’s fees from your spouse “[t]he party seeking an award of attorney fees must establish her inability to pay and the other spouse’s ability to do so.” In re Marriage of Schneider, 214 Ill. 2d 152, 174 (Ill. 2005) Sure, it’s easy to prove that you’re broke but it’s not as easy to prove that your ex is not broke too. Typically, courts conduct attorney fee hearings via summary hearing using nothing more than the parties’ financial affidavits. So, you are going to have to hope that your ex has claimed to have a large monthly surplus on their financial affidavit (this almost never happens). If both parties have no excess income beyond their expenses, Illinois divorce court will not order one allegedly broke litigant to pay another allegedly broke litigant. When a “trial court f[inds] that neither party ha[s] the ability to pay the reasonable attorney fees that had been charged. Accordingly, it [will] decline[] to assess fees against either party.” In re Marriage of Jaster, 583 NE 2d 659 – Ill: Appellate Court, 2nd […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/can-you-avoid-paying-attorneys-fees-in-an-illinois-divorce-if-youre-broke/