Summary
Case Summary: In re Marriage of Maloney - This article addresses ten common questions about attorney fee petitions in Illinois divorce cases, explaining that under Section 508(b) of the Illinois Marriage and Dissolution of Marriage Act, courts may order one spouse to contribute to the other's legal fees when financial disparity exists, with the reasonableness of fees evaluated using the factors established in *In re Marriage of Bussey* (1985). The piece uses the 2025 *In re Marriage of Maloney* appellate decision to illustrate key procedural requirements, timelines, costs, necessary documentation, and enforcement mechanisms, emphasizing that thorough preparation and contemporaneous billing records are critical to success.
These are the 10 questions every client asks me about attorney fee petitions in Illinois divorce cases. Here are the honest answers.
You might be facing a fee petition from your spouse's attorney. Or you might need to file one yourself. Either way, understanding how Illinois courts handle fee contribution matters. Section 508(b) of the Illinois Marriage and Dissolution of Marriage Act governs these requests. The difference between full recovery and complete denial often comes down to preparation.
The First District's May 2025 ruling in In re Marriage of Maloney, 2025 IL App (1st) 241713-U, offers a tactical blueprint. This decision answers many critical questions about fee petitions in Illinois.
---Question 1: How much does an attorney fee petition cost in Illinois?
Short Answer: Filing a fee petition costs minimal court fees. However, litigating a contested petition can add $10,000-$50,000 or more. Complexity drives the final cost.
Detailed Explanation: Section 508(b) allows courts to order one spouse to contribute to the other's attorney fees. This happens when financial disparity exists between the parties. Your actual cost depends on several factors.
Uncontested petitions require $2,000-$5,000 in additional attorney time. Your lawyer prepares the documentation and presents it to the court.
Contested petitions with evidentiary hearings cost significantly more. The Maloney case shows how these disputes can drag on. Their fee fight ran from February 2022 through May 2025. That's over three years of litigation.
Expert witness fees range from $5,000-$15,000. These experts protect six-figure fee petitions. The potential return on investment can reach 10:1.
Appellate costs add $25,000-$75,000. This covers briefing and oral argument if the losing party appeals.
Consider the outcome in In re Marriage of Schneider, 2024 IL App (2d) 230847. The petitioner recovered the full $287,000 fee award. They also received appellate fees. Why? They invested in proper documentation upfront. The responding party's objections failed. They only offered "conclusory" statements. They never identified specific billing entries as unreasonable.
---Question 2: How long does a fee petition take in Cook County?
Short Answer: Uncontested fee petitions resolve in 30-60 days. Contested petitions take 6-18 months at trial. Appeals add 2-3 more years.
Detailed Explanation: Your timeline depends on one factor: Does your spouse contest the petition? The Maloney case shows realistic timeframes for contested matters:
- Original divorce judgment: September 2019
- Fee petition filed: February 2022
- Circuit court ruling: 2024
- Appellate decision: May 2025
- Current status: Remanded for evidentiary hearing—still unresolved
The Illinois State Bar Association Family Law Section Survey from Q4 2024 reveals an important pattern. Cook County judges granted evidentiary hearings in 78% of cases. But only when parties challenged specific billing entries. Generalized objections succeeded just 23% of the time.
What does this mean for you? If you're the petitioner, bulletproof documentation shortens your timeline. If you're responding, strategic objections can extend proceedings significantly.
Real-world example: In In re Marriage of Heroy, 2017 IL App (1st) 152633, the court reversed a $1.2 million fee award. The trial court skipped the required Bussey factor analysis. That procedural error added three more years of litigation after remand.
---Question 3: What do I need to file for an attorney fee petition in Illinois?
Short Answer: You need contemporaneous billing records. You need documentation of financial disparity. You need evidence supporting each Bussey factor for reasonableness.
Detailed Explanation: Section 508(b) creates a two-step framework. Most practitioners collapse these steps into one. That's where cases get reversed.
Step One: Entitlement Documentation
- Financial affidavits showing income disparity
- Asset disclosures proving your spouse's ability to contribute
- Evidence that you lack resources to litigate on equal footing
Step Two: Reasonableness Documentation
- Contemporaneous billing records with task-based descriptions
- Hourly rate justification with market comparisons
- Affidavits from independent practitioners attesting to rate reasonableness (as in Schneider)
- Evidence addressing each Bussey factor from In re Marriage of Bussey, 108 Ill. 2d 286 (1985)
The Bussey factors include:
- Skill and standing of counsel
- Nature and complexity of the case
- Novelty or difficulty of issues
- Amount and importance of subject matter
- Degree of responsibility required
- Usual and customary charges for similar services
- Benefits resulting to the client
Here's a critical tip: Draft your fee petition with explicit Bussey factor headings. Place specific evidence under each heading. Avoid conclusions. Courts want facts.
---Question 4: Do I qualify for attorney fee contribution in my Illinois divorce?
Short Answer: Yes, if you lack sufficient resources to litigate equally. Your spouse must also have the ability to contribute.
Detailed Explanation: In Maloney, Anne demonstrated the required financial disparity. Edward's financial position relative to hers created the statutory predicate. The appellate court found no error in the entitlement determination. This held true even while they vacated the fee amount.
You likely qualify if:
- Your spouse controls significantly more liquid assets
- Your spouse's income substantially exceeds yours
- You've been out of the workforce during the marriage
- Your spouse's conduct has driven up litigation costs unnecessarily
- You need forensic experts your spouse can afford but you cannot
Real-world example: A 2024 Cook County case involved a high-net-worth tech executive. The court ordered full contribution of $412,000. This covered forensic accounting, e-discovery specialists, and blockchain analysis. The petitioner qualified for a specific reason. The respondent deliberately hid cryptocurrency holdings. This created the need for expert intervention the petitioner couldn't afford independently.
You may not qualify if:
- Both parties have roughly equal financial resources
- You have access to marital funds sufficient for your own fees
- Your fee request stems from unnecessary or duplicative litigation
Question 5: What evidence do I need for an attorney fee petition?
Short Answer: You need contemporaneous billing records, rate comparisons, financial disparity documentation, and specific evidence for each Bussey factor.
Detailed Explanation: The Maloney case didn't collapse because Anne's entitlement was questionable. It collapsed because the circuit court denied Edward an evidentiary hearing. He never got to challenge the fee documentation. Your evidence must withstand that level of scrutiny.
Essential evidence includes:
- Contemporaneous billing records with task codes aligned to Illinois requirements. Create monthly summaries. Categorize work by substantive area: discovery, motion practice, trial preparation, GAL coordination.
- Rate justification documentation using Illinois ARDC attorney registration data. Reference ISBA Economics of Law Practice surveys.
- Counsel credentials—CV, notable case outcomes, peer recognition. These support "skill and standing."
- Complexity quantification—Count depositions, expert witnesses, court appearances, and discovery pages produced.
- Results obtained—Calculate the difference between initial settlement offers and final judgment.
- Rate comparison chart showing your rates against three comparable Cook County practitioners.
2025 Rate Benchmarks (Cook County):
- Partners at AmLaw 200 firms: $750-$1,200/hour
- Boutique family law partners with 15+ years: $550-$850/hour
- Associates (3-7 years): $350-$550/hour
- Paralegals: $175-$275/hour
Rates exceeding these ranges require enhanced justification. You'll need to show specialized expertise, emergency filings, or extraordinary complexity.
---Question 6: What if the other party violates an attorney fee order?
Short Answer: You can file a petition for rule to show cause. This seeks contempt. Consequences include sanctions, additional fees, and even jail time for willful non-compliance.
Detailed Explanation: Once a court orders fee contribution under Section 508(b), that order becomes enforceable. It carries the same weight as any other court order. If your spouse refuses to pay, you have options.
Enforcement options include:
- Petition for rule to show cause: Forces your spouse to appear and explain non-payment
- Contempt finding: Willful violation can result in civil or criminal contempt
- Wage garnishment: Court can order direct payment from your spouse's employer
- Asset seizure: Bank accounts and property can be levied
- Additional fee awards: Your enforcement costs become additional recoverable fees
Critical strategy: Track all interim fee awards in a master spreadsheet. Record dates, amounts, and stated purposes. At final fee petition stage, conduct a reconciliation. Show which interim amounts were actually spent on authorized purposes.
In In re Marriage of Pond, 2019 IL App (1st) 180826, the court deducted $12,000 from the petitioner's final recovery. Why? Those interim fees had been used for "general overhead." They weren't spent on case-specific work.
Object to every interim fee award in writing. Do this even if you don't appeal immediately. State: "Respondent reserves all objections to the reasonableness and necessity of these fees for final determination."
---Question 7: Can I change an attorney fee order later?
Short Answer: It depends. Fee orders can be modified on remand after appeal. However, final fee awards generally cannot be modified. Exceptions exist for fraud or newly discovered evidence.
Detailed Explanation: The Maloney remand shows exactly how fee orders can
References
- Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/508(b) — statutory provision governing attorney fee contributions in divorce cases (available via Illinois General Assembly website).
- In re Marriage of Bussey, 108 Ill. 2d 286 (1985) — Illinois Supreme Court decision establishing factors for reasonableness of attorney fees in family law matters.
- In re Marriage of Heroy, 2017 IL App (1st) 152633 — appellate opinion addressing procedural requirements (Bussey analysis) for attorney fee awards in Illinois (Illinois Appellate Court, First District).
- Illinois State Bar Association — Family Law Section surveys and Economics of Law Practice resources (provides rate and practice benchmarks commonly used in fee petitions).
Full Opinion (PDF): Download the full opinion
For more insights, read our Divorce Decoded blog.