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IL divorce feeWhen most people think about seeking attorney’s fees in a court case, they are often thinking about civil cases in which they are suing another party for damages. However, attorney’s fees also may be available in DuPage County divorce cases. To be clear, attorney’s fees are not awarded in a divorce case because one of the parties “wins” the case, but rather based on one party’s ability to pay and the other party’s inability to pay. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs the issue of attorney’s fees in divorces, and we want to provide you with more information about this topic.

In the meantime, if you need assistance with your divorce, one of the dedicated DuPage County divorce attorneys at Farooqi & Husain Law Office can speak with you today. We regularly provide counsel to members of the DuPage County Muslim community and can discuss your options for moving forward with your divorce.

Interim Attorney’s Fees in a DuPage County Divorce

When one party is seeking interim attorney’s fees in a divorce case in Illinois, that party must file a petition for interim attorney’s fees and costs. In order to be eligible to receive interim attorney’s fees—which means attorney’s fees while the divorce is ongoing—the party seeking the fees must be able to show that relevant factors exist for awarding attorney’s fees. The IMDMA says that the court shall consider all relevant factors. It cites the following, among others:

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IL divorce lawyerIf you are considering divorce in DuPage County, it is important to understand how property division works under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), and to understand how property can become commingled. When property is commingled, it can be difficult to classify, and the court ultimately may need to classify it as marital property that is divisible even if it has some traces of separate or non-marital property. We will say more about property division in order to explain the complications of commingled property. If you have questions, a DuPage County divorce attorney can assist you.

Classifying Marital and Non-Marital (or Separate) Property

The first step in dividing marital property in a DuPage County divorce is for the court to classify all property as marital or nonmarital (or separate) property. Generally speaking, all property acquired prior to the date of the marriage will be classified as separate property and will not be subject to division, while most property acquired after the date of marriage will be classified as marital property and will be subject to division. However, there are some exceptions to the classification of marital property. For example, even though the following types of property may have been acquired after the date of marriage, the court likely will classify these types of property as separate property and will not divide them:

  • Inheritances to only one of the spouses
  • Gifts made to only one of the spouses
  • Property acquired through the use of separate property
  • Property specifically designated as separate property in a premarital agreement

Property Division in Illinois and the Theory of Equitable Distribution

When two married people in Illinois get divorced, the court will divide all marital property according to a theory of equitable distribution. This might include, for example:

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