When 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:...