Do I Have to Pay My Own Attorney’s Fees?

A common question many family law attorneys are asked is who will be responsible for the attorney fees in a divorce or custody case? Typically, individuals are responsible for their own attorney costs and fees. However, there are ways that the other party may be allocated another’s attorneys fees. Divorce can be costly, and it is important to note that although fees can be reallocated to another party, it is no guarantee. 

Under Illinois Statute 508(a), attorney fees may be rewarded to one party if they do not have the means to afford the costs of the legal expenses. This standard is not easy to prove, and merely the fact that the other party is more capable of paying attorney fees is not enough to have them reallocated. 

Another way to be awarded fees is under Illinois Statute 508(b). If you have a Court Ordered judgment and the opposing party is acting in contravention to it, you may have a case to be awarded attorney’s fees. An individual who acts against a court order without cause or justification can be ordered to pay the fees of the individual who had to bring the case back to court. 

The Law Office of Erin M Wilson LLC will always pursue contribution to fees when it is warranted and will fight for their clients to ensure that they are not burdened with fees.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.