What If I Can’t Afford a Divorce Lawyer, but My Spouse Can?

Going through a divorce without the financial resources to hire an attorney can feel overwhelming, especially when your spouse has legal representation. You may be asking yourself: How can I protect my rights? Will I lose custody of my children or my fair share of marital property simply because I can’t afford a lawyer? Feeling anxious and uncertain is natural, but take a moment to breathe. Illinois offers resources to ensure you don’t have to navigate the divorce process alone, and Arami Law is here to support you every step of the way.

With nearly 20 years of experience, our lead attorney has helped individuals across Chicagoland face these challenges confidently, regardless of their financial circumstances. In this post, we’ll outline how the courts provide options to level the playing field in your divorce, so you can move forward with clarity and peace of mind.

Why Some Can’t Afford a Divorce Attorney

Many factors can impact a person’s ability to afford an attorney during a divorce, especially when household income and control over finances aren’t evenly balanced. Some of the most common reasons include:

• Stay-at-Home Parent: If you’re a stay-at-home parent or dependent on your spouse’s income, you may have little to no independent financial resources to pay legal fees.
• Lack of Access to Joint Finances: Situations where one spouse controls most of the marital assets or has sole access to joint accounts can leave the other at a financial disadvantage.
• Unexpected Expenses: Divorce often comes with additional financial strain from moving out, child care, or changes to your standard of living. These costs can make hiring an attorney seem out of reach.

If these scenarios sound familiar, don’t lose hope. Illinois law has tools to assist financially disadvantaged individuals during divorce proceedings.

Looking at Your Options

The Illinois courts can order one spouse to pay the other’s attorney fees and costs if there is a significant disparity in income or assets. This means that if your spouse has a higher income or access to more financial resources, they may be ordered in the divorce settlement to help cover your legal expenses.

Illinois law also allows temporary support payments during divorce proceedings such as spousal support (alimony) and child support. These payments help cover living expenses while the divorce is finalized and may free up some funds for you to use towards legal representation.

Of course, obtaining temporary support payments or having your legal fees covered can be challenging without first securing legal representation to advocate for your rights. Recognizing this potential hurdle, the Illinois Marriage and Dissolution of Marriage Act includes a provision that allows individuals to seek interim attorney’s fees. This provision ensures that those without immediate financial resources can still retain an attorney to represent their interests during the divorce proceedings, fostering a more balanced and fair process.

Seeking Financial Support

To request financial support during divorce proceedings, you will need to file a petition with the court and provide evidence of your financial situation. This may include proof of income, assets, and expenses. The court will then review your petition and make a determination on whether to award interim attorney’s fees.

It is important to note that the awarding of interim attorney’s fees is not guaranteed and may vary depending on individual circumstances. However, it is worth considering if you are facing financial hardship during divorce proceedings.

Factors the Court Considers for Attorney’s Fees

When determining whether to grant a request for interim attorney’s fees, Illinois courts evaluate several factors to ensure the decision is fair and equitable. These factors include:

• Income and Property of Both Parties: The court reviews each spouse’s financial situation, including income, marital and non-marital property, and financial assets.
• Needs of Each Party: This includes the financial needs of both parties to maintain a reasonable standard of living during and after the divorce.
• Earning Capacity: If one spouse earns significantly more or has better earning potential, the court may consider this when deciding to award fees.
• Standard of Living During the Marriage: The court evaluates the lifestyle maintained during the marriage and aims to ensure neither party experiences undue hardship.
• Complexity of the Case: A more complex case, such as one involving high-value assets or custody disputes, may require higher legal fees, influencing the court’s decision.
• Access to Relevant Information: If one spouse controls most of the financial information, the court may ensure the other has the resources to access and analyze this data.
• Any Other Relevant Factors: The court can consider additional circumstances that may impact the fairness of the award.

By examining these factors, the court works to achieve parity in legal representation, helping to balance the scales when financial disparities exist between spouses.

Take the First Step Toward Securing Legal Support

No one should have to face the complexities of divorce without professional legal guidance, regardless of their financial situation. If you’re feeling overwhelmed or unsure of how to secure the support you need, Arami Law is here to help. Contact us today to get started.