Divorce can, unfortunately, be an expensive proposition, particularly if there are complicated disputes about how to split property or spousal maintenance. Cases involving parental responsibilities and child support can also become extremely costly. In many such cases, one side may seek attorney’s fees from their former spouse. While it is possible to obtain legal fees from a former spouse under Illinois law, there are certain criteria that must be met in order to do so.

When Are Attorney’s Fees Awarded?

Under Section 5/508(a) of the Illinois Marriage and Dissolution of Marriage Act, there are several circumstances in which a court may award attorney’s fees following the conclusion of a divorce proceeding. These include to defend against a divorce or appeal, to defend against a modification to a court order, to enforce or modify a court order, or to reimburse costs for the preparation of a divorce petition. Essentially, almost any action related to a divorce is eligible for reimbursement of attorney’s fees. However, whether awarding those fees is appropriate is still left to the discretion of the court, and courts can be extremely hesitant to award attorney’s fees unless a spouse can show extreme hardship in paying their own way.

Divorces usually take many months to finalize, and the constant hearings, court orders, and normal difficulties of dealing with a spouse you are ending a relationship with make it an extremely difficult process. Of course, divorce is often necessary for many reasons. But while this process can be long and often messy, there are actually several steps you can take to make it go a little more smoothly.

Get Your Finances in Order

Perhaps the best thing a couple can do to prepare for a divorce is enter into a prenuptial agreement, as this can make the division of property and spousal maintenance an extremely simple process. However, many couples are hesitant to even broach the subject before marriage, which is understandable.

In many cases, when divorces turn nasty, it is because of disputes over property. Each spouse believes they are absolutely entitled to an asset that was given to the couple or that they purchased together, such as a car or a couch. Hiding a new car is not very easy, of course, but, spouses may think they can hide other, less tangible assets from their former spouses to avoid splitting it during the divorce. Fortunately, there are several procedures available to locate these assets and ensure you get your equitable share of the marital property.

How Assets Are Hidden During a Divorce

Section 503 of the Illinois Marriage and Dissolution of Marriage Act provides that all property acquired by either spouse may be divided into three categories during divorce: marital property, non-marital property, and commingled property.

Same-sex marriage has been legal in the state of Illinois since 2014, but last year in the landmark case Obergefell v. Hodges, the U.S. Supreme Court held that bans against same-sex marriage were unconstitutional in any state. This opened the door for all same-sex unions in the United States to enjoy the same legal recognition as straight couples, considerations that also extend to divorce law. While the basics of seeking a dissolution of marriage in Illinois are now the same for any couple, regardless of the genders of the spouses, there are still some issues surrounding same-sex divorce that have not been completely addressed by the courts yet.

The Divorce Process in Illinois

Any couple seeking a divorce in the state of Illinois must meet the following procedural requirements:

While divorces are often contentious, and parties say harmful things they later regret, usually these cases are not violent in nature. But unfortunately, on occasion, one party is so hurt by the divorce that they feel the need to threaten the other spouse. In some cases, violence and threats are the reasons for the divorce. The laws of Illinois do not require you to put up with this harassment, however. If you feel that your former spouse intends to do you harm, you can seek an order of protection from the court that bars him or her from contacting you.

The First Step: Emergency Orders of Protection

Because any threat of violence is a serious matter, Illinois law allows for someone in fear of their safety to obtain an emergency order of protection from a court without the other side being able to contest it. This emergency order can bar the other party from having any direct or indirect contact with you or your children, but it only lasts for 14 or 21 days before it expires. There are, however, more long-lasting protection orders available.