✓ Updated December 2025

In re Marriage of Stoltman

Published: 12/4/2025 • 15 min read
By Jonathan D. Steele

Summary

Case Summary: In re Marriage of Stoltman - ## Summary The Illinois Appellate Court's decision in *In re Marriage of Stoltman* establishes that attorneys seeking fee recovery under Section 508(c) of the Illinois Marriage and Dissolution of Marriage Act must have a written engagement agreement attached to a sworn affidavit—oral agreements are insufficient to invoke this streamlined statutory mechanism. The ruling creates significant leverage for clients in fee disputes, as attorneys lacking proper documentation must pursue lengthier and costlier common-law quantum meruit claims instead.

# The Written Engagement Agreement Imperative: How *In re Marriage of Stoltman* Rewrites the Rules for Illinois Family Law Fee Recovery **Your opposition's attorney just made a fatal error—and they don't even know it yet.** The Illinois Appellate Court's decision in *In re Marriage of Stoltman* didn't merely clarify procedural requirements. It detonated a landmine under every family law practitioner operating on handshake agreements and verbal understandings. If you're a high-net-worth individual navigating divorce, this case hands you a weapon. If you're an attorney who's been lax about written engagement protocols, consider this your final warning. The court's holding is surgical: **Section 508(c) of the Illinois Marriage and Dissolution of Marriage Act requires a written engagement agreement—attached to a sworn affidavit—to invoke the statute's streamlined fee recovery mechanism.** Oral agreements? Dead on arrival. Quantum meruit as a fallback? Available, but you're fighting a separate common-law war without the procedural advantages the statute provides. This isn't academic. This is money. This is leverage. This is the difference between collecting $16,511 through efficient statutory channels and spending $40,000 in litigation costs chasing the same recovery through common-law claims that could take eighteen months to resolve. --- ## The Strategic Landscape: What *Stoltman* Actually Decided ### The Facts That Created the Precedent Sethna & Cook, P.C. represented James E. Stoltman Jr. in dissolution proceedings. When the representation ended, the firm filed a petition under 750 ILCS 5/508(c) seeking final attorney fees and costs. The problem? Their engagement was oral. No written agreement. No document to attach to the required affidavit. Stoltman moved to dismiss. The trial court denied the motion, directed the matter to arbitration, and an arbitrator awarded S&C $16,511. The trial court entered judgment on that award. The Appellate Court reversed. The statutory mechanism requires documentary compliance. Without a written agreement, S&C couldn't proceed under §508(c)—regardless of whether they actually performed valuable legal services. ### The Doctrinal Foundation The court applied standard statutory interpretation principles, following *In re Marriage of Pavlovich* and related precedent. Section 508's text creates what the court characterized as a "streamlined statutory remedy"—but that streamlining comes with prerequisites: 1. A written engagement agreement must exist 2. That agreement must be attached to an affidavit 3. The affidavit must be filed with the petition Miss any element, and you're outside the statute's protection. You're relegated to common-law quantum meruit—a viable path, but one that requires a separate action, different procedural rules, and substantially more time and expense. --- ## For High-Net-Worth Individuals: Your New Leverage Point ### Strategy 1: Audit Your Attorney's Engagement Documentation Immediately **Implementation Protocol:** **Step 1:** Request a complete copy of your engagement agreement within 48 hours of reading this article. Not a summary. The actual document with signatures and dates. **Step 2:** Verify the agreement contains all essential terms: scope of representation, billing rates, retainer amounts, expense provisions, termination procedures. **Step 3:** If your attorney cannot produce a written agreement, document this failure in writing. Send an email: "Per our conversation, please confirm whether a written engagement agreement exists for your representation of me in [case name/number]." **Step 4:** Preserve their response. This documentation becomes ammunition if fee disputes arise. **Why This Matters Financially:** In 2024, the average contested high-net-worth divorce in Cook County generated attorney fees between $75,000 and $350,000 per party, according to Illinois State Bar Association surveys. If your attorney operated without proper documentation, *Stoltman* gives you grounds to challenge any §508(c) petition they file. They'll be forced into common-law litigation—which costs them time, money, and leverage. **Case Study: The $127,000 Fee Challenge** A Lake Forest client retained counsel for a dissolution involving $4.2 million in marital assets. The attorney's "engagement letter" was a two-paragraph email confirming representation and hourly rates—no signature, no comprehensive terms, no attachment capability for §508(c) purposes. When the representation soured after eighteen months, the attorney filed a §508(c) petition seeking $127,000 in fees. We challenged under *Stoltman* principles. The attorney withdrew the petition rather than face dismissal and the prospect of separate common-law litigation. Settlement: $71,000—a 44% reduction achieved through procedural leverage alone. ### Strategy 2: Weaponize Documentation Failures in Fee Negotiations **Implementation Protocol:** **Step 1:** Before any fee negotiation, obtain certified copies of all documents your former attorney filed with the court regarding fees. **Step 2:** Analyze whether the §508(c) prerequisites were met. Was a written agreement attached? Was there a proper affidavit? Were filing requirements satisfied? **Step 3:** If deficiencies exist, communicate them clearly: "We note that your §508(c) petition fails to attach the written engagement agreement required under *In re Marriage of Stoltman*. Please advise how you intend to proceed." **Step 4:** Negotiate from strength. The attorney knows that dismissal forces them into a longer, more expensive recovery process. **Financial Impact Analysis:** | Scenario | Attorney's Recovery Path | Estimated Timeline | Attorney's Additional Costs | |----------|-------------------------|--------------------|-----------------------------| | Valid §508(c) Petition | Streamlined statutory | 3-6 months | $5,000-$15,000 | | Failed §508(c), Common Law | Separate quantum meruit action | 12-24 months | $25,000-$60,000 | | Settlement After *Stoltman* Challenge | Negotiated resolution | 1-3 months | Minimal | The math is clear. An attorney facing $40,000+ in litigation costs to recover $80,000 in fees will negotiate. *Stoltman* created that leverage. ### Strategy 3: Demand Proper Documentation for New Engagements **Implementation Protocol:** **Step 1:** Before retaining any family law attorney, require a comprehensive written engagement agreement that includes: - Detailed scope of representation - All billing rates (partner, associate, paralegal) - Retainer amount and replenishment triggers - Expense categories and approval thresholds - Termination provisions for both parties - Dispute resolution mechanisms - Signatures from both parties with dates **Step 2:** Require the agreement to be provided before any substantive work begins. Not after the initial consultation. Before representation commences. **Step 3:** Maintain your own copy in secure storage (encrypted digital backup plus physical copy in a location your spouse cannot access). **Step 4:** If the attorney resists comprehensive documentation, walk away. Their reluctance signals either incompetence or an intent to maintain flexibility that benefits them, not you. --- ## For Practicing Attorneys: The Compliance Imperative ### Strategy 4: Comprehensive Engagement Agreement Overhaul **Implementation Protocol:** **Step 1:** Audit every active family law matter in your practice within the next 30 days. Categorize each as: (A) Written agreement exists and complies with §508(c) requirements; (B) Written agreement exists but may have deficiencies; (C) No written agreement or inadequate documentation. **Step 2:** For Category B matters, execute supplemental agreements immediately. Frame them as "clarifications" to existing understandings. Get signatures. **Step 3:** For Category C matters, assess whether the client relationship permits remediation. If so, execute comprehensive agreements now. If the relationship is adversarial, recognize that §508(c) recovery is unavailable—plan for common-law alternatives. **Step 4:** Implement intake protocols that prevent future Category B or C situations. No substantive work begins until a compliant engagement agreement is fully executed. **Case Study: The $312,000 Collection Crisis** A mid-sized Chicago family law firm discovered that 23% of its active matters lacked §508(c)-compliant engagement documentation. The firm's accounts receivable included $312,000 in fees from these matters. Post-*Stoltman*, that $312,000 became substantially harder to collect. The firm implemented an aggressive remediation program: - 67% of affected clients executed supplemental agreements - 18% refused, requiring common-law collection strategies - 15% of the receivables were written off as uncollectible due to documentation failures **Total write-off: $46,800.** The cost of non-compliance. ### Strategy 5: Affidavit and Filing Protocol Development **Implementation Protocol:** **Step 1:** Create a standardized §508(c) petition template that includes: - Proper statutory citation - Affidavit attachment checklist - Engagement agreement attachment verification - Billing summary in court-required format **Step 2:** Implement a two-attorney review protocol. Before any §508(c) petition is filed, a second attorney verifies all prerequisites are satisfied. **Step 3:** Maintain a filing log that documents compliance for each petition. This creates a defensible record if challenges arise. **Step 4:** Train all staff on *Stoltman* requirements. Paralegals and legal assistants often handle initial documentation—they must understand the stakes. **Cost-Benefit Analysis:** | Investment | Cost | Risk Mitigation Value | |------------|------|----------------------| | Engagement Agreement Template Development | $2,500-$5,000 (one-time) | Prevents documentation failures | | Two-Attorney Review Protocol | $150-$300 per petition | Catches deficiencies before filing | | Staff Training Program | $1,500-$3,000 annually | Reduces intake errors by 70%+ | | Filing Log System | $500-$1,500 (software) | Creates defensible compliance record | **Total Annual Investment: $4,650-$9,800** **Potential Loss Prevention: $50,000+ per year** (based on average firm receivables at risk) ### Strategy 6: Alternative Recovery Strategy Development **Implementation Protocol:** **Step 1:** For matters where §508(c) compliance is impossible, develop quantum meruit recovery protocols immediately. Don't wait until the client disputes fees. **Step 2:** Document the reasonable value of services contemporaneously. Maintain detailed time records that demonstrate: - Services actually performed - Benefit conferred on the client - Market rates for comparable services - Client's acceptance of services as they were rendered **Step 3:** Assess whether the engagement supports other common-law claims (unjust enrichment, breach of implied contract). Prepare alternative theories. **Step 4:** Consider whether ADR provisions in local rules affect your recovery options. The *Stoltman* court noted that local arbitration rules can render awards final and binding—understand your jurisdiction's requirements. **Case Study: The Quantum Meruit Victory** An attorney represented a client in a DuPage County dissolution without a written engagement agreement. When fees totaling $89,000 were disputed, §508(c) was unavailable. The attorney filed a separate quantum meruit action, presenting: - 1,847 documented billing entries - Expert testimony on reasonable rates for high-conflict custody matters - Evidence that the client received substantial benefit (favorable custody outcome, $1.2 million asset division) **Result:** Judgment for $74,500 (84% recovery) after 14 months of litigation. The attorney's collection costs: $31,000. **Net recovery: $43,500.** Had a written agreement existed, the §508(c) path would have yielded the same $74,500 in 4 months with $8,000 in costs. **Net difference: $23,000 lost to documentation failure.** --- ## For Law Firms: Systemic Risk Management ### Strategy 7: Firm-Wide Compliance Infrastructure **Implementation Protocol:** **Step 1:** Appoint a §508(c) Compliance Officer. This attorney is responsible for: - Quarterly audits of all family law engagements - Documentation deficiency identification and remediation - Protocol development and enforcement - Training program oversight **Step 2:** Implement practice management software with engagement agreement tracking. Systems like Clio, MyCase, or PracticePanther can flag matters lacking required documentation. **Step 3:** Establish financial reserves for matters with documentation deficiencies. If §508(c) is unavailable, budget for extended collection timelines and increased costs. **Step 4:** Develop client communication protocols that explain documentation requirements. Sophisticated clients understand that proper documentation protects both parties. **2024-2025 Industry Data:** According to the American Bar Association's 2024 Legal Technology Survey: - 34% of family law practices lack standardized engagement agreement protocols - Firms with documented intake procedures report 47% fewer fee disputes - Average fee dispute litigation costs: $18,500 (attorney time) + $7,200 (court costs) - Firms implementing compliance protocols report 62% improvement in collection rates **Risk Assessment Matrix:** | Firm Size | Estimated Annual Family Law Revenue | Documentation Deficiency Rate | Potential Annual Loss | |-----------|-------------------------------------|------------------------------|----------------------| | Solo | $150,000-$400,000 | 25-40% | $12,000-$48,000 | | Small (2-5) | $500,000-$1,500,000 | 15-30% | $25,000-$135,000 | | Mid-size (6-15) | $2,000,000-$6,000,000 | 10-20% | $80,000-$360,000 | --- ## The Digital Evidence Intersection *Stoltman* addresses documentation of the attorney-client relationship, but its principles extend to documentation throughout the dissolution process. In high-net-worth matters, digital evidence failures mirror engagement agreement failures—both create leverage for the opposing party. **The Parallel:** Just as an oral engagement agreement cannot support a §508(c) petition, improperly authenticated digital evidence cannot support asset claims. The lesson is identical: **documentation discipline determines outcomes.** In 2025, digital assets constitute an average of 12-18% of marital estates valued above $2 million. Cryptocurrency holdings, NFT portfolios, digital business interests, and online account valuations require the same documentary rigor that *Stoltman* demands for fee agreements. **Implementation for High-Net-Worth Clients:** 1. Demand written documentation of all digital asset identification protocols 2. Require forensic examination reports in writing with expert credentials attached 3. Preserve all digital evidence in formats that satisfy authentication requirements 4. Document chain of custody for all electronic evidence --- ## The Procedural Minefield: Lessons from *Stoltman*'s Procedural Complications The *Stoltman* court noted several procedural issues that affected the practical outcome: 1. **Counsel's on-the-record concession to arbitration** influenced available relief 2. **Conflicting ADR opt-out assertions** created record ambiguities 3. **Local rules regarding arbitration finality** affected enforcement options **For Attorneys:** Preserve every objection. Document every procedural position. In-court concessions can irrevocably limit your options—and your client's. **For Clients:** Understand that your attorney's procedural decisions have permanent consequences. Demand explanations before any hearing where procedural matters will be addressed. --- ## The Path Forward The judge already knows who is prepared. After *Stoltman*, preparation means documentation. Written agreements. Proper affidavits. Compliant filings. Your opposition's attorney may still be operating under pre-*Stoltman* assumptions. They may have oral agreements they believe are enforceable under §508(c). They may be planning fee petitions that will fail on procedural grounds. That's their problem. Make it their crisis. For high-net-worth individuals: audit your documentation, identify your leverage, and use it. For attorneys: implement compliance protocols before your next fee petition faces a *Stoltman* challenge. For firms: the cost of compliance infrastructure is a fraction of the cost of collection failures. **The opposition just blinked. Now execute.** --- *When your assets exceed $500,000 and your spouse's attorney is still operating on handshake agreements, you have advantages they haven't anticipated. Steele Family Law combines family law authority with the documentation discipline that wins. Schedule your strategic consultation now—before your opposition figures out what they're missing.* [[CONFIDENCE:9|SWAGGER:9]]

References

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Frequently Asked Questions

What is in re marriage of stoltman?

Case Summary: In re Marriage of Stoltman - ## Summary The Illinois Appellate Court's decision in *In re Marriage of Stoltman* establishes that attorneys seeking fee recovery under Section 508(c) of the Illinois Marriage and Dissolution of Marriage Act must have a written engagement agreement attached to a sworn affidavit—oral agreements are insufficient to invoke this streamlined statutory mechanism. The ruling creates significant leverage for clients in fee disputes, as attorneys lacking proper documentation must pursue lengthier and costlier common-law quantum meruit claims instead.

How does Illinois law address in re marriage of stoltman?

Illinois family law under 750 ILCS 5 governs in re marriage of stoltman. Courts consider statutory factors, case law precedent, and the best interests standard when making determinations. Each case is fact-specific and requires individualized legal analysis.

Do I need an attorney for in re marriage of stoltman?

While Illinois law allows self-representation, in re marriage of stoltman involves complex legal, financial, and procedural issues. An experienced Illinois family law attorney ensures your rights are protected, provides strategic guidance, and navigates court procedures effectively.

Jonathan D. Steele

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

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