ANSWERS: 2
  • You have the right of a lawyer by the court, you don't have to pay for it. Afterwards, I think you follow the lawyer's advice
  • If one spouse has the majority of the financial resources, the court is required to make that spouse assist the economically dependent spouse with their fees and costs. This concept has recently been introduced into the law in a statute commonly known at the "Leveling the Playing Field" law. The burden is upon the spouse seeking a contribution for fees to first show that he or she has an inability to pay the fees with their own resources. In that event, the court can require the other spouse to contribute fees and costs, both during and at the conclusion of the proceeding. Additionally, if court orders are entered either during or after the case that our not complied with, and the spouse seeking to enforce the agreement is forced to incur attorney's fees, the court will order that those fees be reimbursed if the individual violating the court order did so without substantial cause or justification. Divorce is a highly emotional process. Very frequently an individual may not be psychologically prepared for divorce at the point that their spouse files the case. Sometimes the person who files the case has had many years to work through his or her emotional issues and by the time of filing, is psychologically ready to move on. The other spouse, in contrast, may be totally psychologically unprepared for the proceeding and may desire to contest the divorce. Illinois law allows a spouse to legally contest the grounds for the divorce, but it does not require that the parties live together even if the divorce can be successfully thwarted. Generally speaking, we recommend that informal solicitations towards the other spouse be used to attempt to reconcile the relationship. However, if one of the parties is irretractable in their wish to proceed with the divorce, we usually recommend that the other spouse not legally contest the divorce inasmuch as the cost will be excessive, and even if successful, the marriage truly will not be intact emotionally. Accordingly, the efforts towards restricting the divorce are futile.

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