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Tag Archives: Illinos

Rigs afford an attorney

Generally, in Illinois, each party to a lawsuit bears responsibility for his or her own attorney's fees. There are some exceptions to this rule, such as divorce cases. The divorce exception arose from the idea that it is not uncommon for one spouse to lack the financial resources to pay for a divorce, often causing that spouse to stay in a bad marriage because he or she believes they cannot afford an attorney.

Illinois fixes this issue in several ways. Early on in a divorce case a party may file a petition for temporary relief containing a request for spousal support or interim attorney fees. In effect, one spouse is asking the court to order the spouse with better means to help with the cost of an attorney while the divorce is proceeding. A judge can determine interim attorney's fees shortly after a party files a petition for dissolution, assuming that the parties cannot agree on a solution themselves. A party may also file a petition for contribution to attorney's fees and costs at the conclusion of a divorce proceeding. A court will consider the financial resources of both the parties to the litigation, and if an award of attorney's fees is granted, such an award will be set at a reasonable amount.

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St. Charles, IL 60174
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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree