Legal Question in Family Law in Illinois

Re: divorce with special needs child

First, you need an attorney since your husband has one. Second, the state of IL does have a statute where the court will order the spouse with control over the marital funds to pay money towards the other spouses legal fees. However, to retain an attorney, you need to have a retainer (down payment) to pay the new attorney since it is not certain the court will order the other spouse to pay. Even if the court does, it will take time. Typically, our firm will require a retainer, and then file a Petition for fees during the first month or so with the court. Generally, in such situations, the spouse in your situation only ends up paying the initial retainer.

Re: divorce with special needs child

You can hire an attorney to represent you and the attorney will file pleadings in your case asking the judge to order your spouse to pay or contribute to pay your attorney's fees. Then, after the case is over, if your attorney actually collects money from your ex-spouse, the attorney would refund it to you provided that your bill had been paid. I am not sure that there are too many attorneys who would take your case, represent you, and wait on the possibility that a judge will make such an order and that the money would actually be collected from your ex. You should hire an attorney.