FAQ Wife: I Want a Divorce But My Husband Controls All of the Money

 Posted on April 28, 2018 in Islamic Divorce

There are many situations in which a wife wants to file for divorce, but the husband controls all of the money thereby making it difficult for the wife to afford an Oakbrook Terrace divorce lawyer to help with the case. For wives in DuPage County who want to file for divorce but have been stay-at-home parents throughout the marriage, or for another reason the husband controls the marital assets, it is important to know that there may be options to obtain attorney fees from the husband.

The dedicated family law advocates at Farooqi & Husain Law Office are committed to providing counsel for members of the Muslim community throughout DuPage County, and we can speak with you today about paying for your divorce when your husband controls the family’s finances.

Temporary Relief and Petition for Attorney Fees

If your husband controls the money in the marriage but you want to file for divorce, we can use a petition for attorney fees. Specifically, under Section 5/501(c-1) of the Illinois Marriage and Dissolution of Marriage Act, you can seek temporary relief, which can include interim attorney’s fees and costs. You must file a petition for interim attorney’s fees and costs in order to obtain an award.

The statute clarifies that these interim attorney’s fees can be assessed in favor of the petitioning party’s attorney for reasonable. Then, an award of interim attorney’s fees and costs can be awarded. This type of temporary relief is designed precisely for wives who do not have control of the family’s finances but want to file for divorce. The law recognizes that one of the parties may control the money, and an interim award can give the spouse without the controlling financial interests (the spouse) the ability to pay for an experienced DuPage County divorce lawyer.

Attorney fees can be paid from the marital estate. We may be able to have the husband advance the attorney fees from the marital estate.

Elements the Court Considers in Awarding Interim Attorney’s Fees and Costs

What factors does the court consider when deciding whether to award interim attorney’s fees and costs? It can consider all pertinent factors, according to the statute, that appear to be reasonable. Those factors may include the following:

• The property and income of each of the parties;
• Needs of each party;
• The earning capabilities of each party;
• Impairment to earning capacity of each party; and
• Amount paid to the other party’s attorney (or expected to be paid to the other party’s attorney).

Seek Advice from a DuPage County Divorce Attorney

If you need help filing a petition for attorney’s fees in order to move forward with your divorce, a dedicated DuPage County divorce lawyer at Farooqi & Husain Law Office can help. Contact us to learn more about the family law services we provide to the Muslim community in our area.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm