Divorce

You can ask the judge to order your spouse to pay your attorney’s fees while the case is pending (“interim fees”), including money to pay an initial retainer fee in order to hire an attorney. If you are filing a petition for an initial retainer to hire an attorney, you must attach to your petition:

1. an affidavit from the attorney that states:
   • you contacted the attorney about this case; and
   • the attorney has agreed to represent you if the court grants you the retainer fee; and
2. a certificate from you that states that the interim fees granted will only be used to retain the attorney.¹

Any interim fees granted would then be paid directly to the identified attorney.¹

When deciding whether to award attorney’s fees, the judge will consider the following factors:

• the income and property of each party, including marital property within the sole control of one party and non-marital property that each party has access to;
• the needs of each party;
• the realistic earning capacity of each party;
• anything that lessens the present earning capacity of either party, including age and physical and emotional health;
• the standard of living established during the marriage;
• the degree of complexity of the issues, including allocation of parental responsibility, valuation or division of closely held businesses, tax planning, as well as reasonable needs for expert investigations or expert witnesses, or both;
• each party’s access to relevant information;
• the amount of the payment or payments already made or reasonably expected to be made to the attorney whose fees are being sought; and
• any other factor that the judge believes should be looked at due to fairness.²

¹ 750 ILCS 5/501(c-1)(1.5)
² 750 ILCS 5/501(c-1)(1)