During and after divorce proceedings an attorney can request attorney’s fees from the opposing party, his own client or both parties. An attorney’s time and expertise as an attorney will be compensated via court order. But what about the attorney driving to the courthouse? Can expenses for travel time be ordered by an Illinois divorce court? Reasonable Attorney’s Fees And Divorce In Illinois An Illinois divorce court has great powers to award fees for almost any reason. However, the ordered attorney’s fees must be “reasonable.” “The court from time to time, after due notice and hearing, and after considering the financial resources of the parties, may order any party to pay a reasonable amount for his own or the other party’s costs and attorney’s fees. Interim attorney’s fees and costs may be awarded from the opposing party, in a pre-judgment dissolution proceeding in accordance with subsection (c-1) of Section 501” 750 ILCS 5/508(a)(emphasis mine) An Illinois divorce court need not even hear the details of every moment of billable attorney time. A court can here just here an argument and review invoices. “Except for good cause shown, a proceeding for (or relating to) interim attorney’s fees and costs in a pre-judgment dissolution proceeding shall be nonevidentiary and summary in nature… When a party files a petition for interim attorney’s fees and costs supported by one or more affidavits that delineate relevant factors, the court (or a hearing officer) shall assess an interim award after affording the opposing party a reasonable opportunity to file a responsive pleading.” 750 ILCS 5/501(c-1)(1) Any temporary award of attorney’s fees must only pay for “reasonable fees” An order “in favor of the petitioning party’s current counsel, [must be] for reasonable fees and costs either already incurred or to be incurred” 750 ILCS 5/501(c-1)(emphasis mine) If there was some kind of bad behavior on the part of one party, the court must award attorney’s fees to the other party. Even these mandatory awards only cover “reasonable attorney’s fees” “In every proceeding for the enforcement of an order or judgment when the court finds that the failure to comply with the order or judgment was without compelling cause or justification, the court shall order the party against whom the proceeding is brought to pay promptly the costs and reasonable attorney’s fees of the prevailing party… If at any time a court finds that a hearing under this Act […]
