QUESTION
Should I pay for the attorney's fee if it was my wife who walked out on the marriage?
Asked on Mar 12th, 2013 on Divorce - Illinois
More details to this question:
My wife's attorney sent me dissolution of marriage papers and at the end it states that I am required to pay the $960.00 attorney fee. My wife walked out on our marriage and gave no effort to fix it, while I did. She walked out on our lease and left me to take care of the house and breaking the lease fees. She also took the wedding rings. Why should I have to pay the attorney fees? She lives with her parents who pay for everything for her just as I did pay for everything for her. She has numerous pictures of her partying and with other guys when we were still married. I have paid for everything and now she is requesting I pay for the attorney. Please help me understand this. It's not my fault she doesn't get a fulltime job due to her party habbits. Thank you
6 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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So tell him no, you won't sign and you can go to trial where you will prove that she committed adultery, etc.
Answered on Mar 14th, 2013 at 5:02 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Thank you for your important question. You need to hire an experienced divorce lawyer. Generally, the divorce statute in Illinois permits but does not require the court to order one of the divorcing parties to pay the attorney's fees incurred by the other divorcing party. However, it is unlikely that the court will order you to pay your wife's attorney's fees based upon the facts described in your email. You should not try to defend the divorce lawsuit by yourself. You will need an attorney.
Answered on Mar 13th, 2013 at 6:10 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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You are only required to pay your wife's attorney if there is a court order obligating you to do so. It is possible that such an order exists as the court's do not involve themselves as to which spouse is at fault in terminating the marriage.
Answered on Mar 13th, 2013 at 6:09 AM
John Arthur Smitten
Under FL law you may be liable to contribute to her attorney fees.
Answered on Mar 13th, 2013 at 1:18 AM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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It depends. If the attorney's fees are in the Decree of Dissolution then yes. If they are in the Petition for dissolution then you have to file a response.
Answered on Mar 12th, 2013 at 9:33 PM
It sounds like they are suggesting that you were the breadwinner and she, therefore, cannot afford to pay for anything, including her attorney's fees. It also sounds like, based upon the information provided, that you may not have to pay them.
Answered on Mar 12th, 2013 at 9:26 PM