Bill Status of SB0065  96th General Assembly


Short Description:  DISSOL-INTERIM ATTORNEYS FEES

Senate Sponsors
Sen. Ira I. Silverstein

House Sponsors
(Rep. John E. Bradley)

Last Action
DateChamber Action
  8/18/2009SenatePublic Act . . . . . . . . . 96-0583

Statutes Amended In Order of Appearance
750 ILCS 5/501from Ch. 40, par. 501
750 ILCS 5/503from Ch. 40, par. 503
750 ILCS 5/508from Ch. 40, par. 508


Synopsis As Introduced
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a proceeding related to interim attorney's fees and costs in a pre-judgment dissolution proceeding (instead of interim attorney's fees) shall be nonevidentiary and summary in nature (instead of nonevidentiary, summary in nature, and expeditious). Provides that all hearings concerning interim attorney's fees and costs shall be scheduled expeditiously by the court. Provides that in dividing marital property, the court shall consider all relevant factors including each party's contribution to the marital or non-marital property including (i) any decrease in value attributable to an advance from the marital estate or (ii) the contribution of the spouse as a homemaker or to the family (instead of the contribution of the spouse as a homemaker or to the family). Provides that interim attorney's fees and costs may be awarded from the opposing party in a pre-judgment dissolution proceeding under the interim fees and costs provisions and in any other proceeding for attorney's fees and costs (instead of under the Code's interim fees and costs provisions). Provides that all petitions for or relating to interim fees and costs shall include an affidavit stating the factual basis for the requested relief and shall be expeditiously scheduled for hearing by the court. Provides that Code provisions concerning contribution to fees and costs apply to petitions for interim fees. Provides that deadlines for the filing of a praecipe or a petition for setting final fees and costs shall be tolled under specified conditions relating to an appeal or a post judgment motion. Makes other changes.

Senate Committee Amendment No. 1
Amends a Section of the Act regarding attorney's fees. Provides that if a court finds that a hearing under the Act (instead of the Section of the Act regarding attorney's fees) was precipitated or conducted for an improper purpose, the court shall allocate fees and costs of all parties for the hearing to the party or counsel found to have acted improperly. Provides that a consent judgment between client and counsel may be supported by the affidavit of the counsel of record that includes the counsel's representation that the client has been provided an itemization of the detailed billings to the client (rather than incorporating the itemization).

Actions 
DateChamber Action
  1/30/2009SenateFiled with Secretary by Sen. Ira I. Silverstein
  1/30/2009SenateFirst Reading
  1/30/2009SenateReferred to Assignments
  2/4/2009SenateAssigned to Judiciary
  2/10/2009SenatePostponed - Judiciary
  2/17/2009SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  2/17/2009SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/18/2009SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  2/18/2009SenateSenate Committee Amendment No. 1 Adopted
  2/19/2009SenateDo Pass as Amended Judiciary; 010-000-000
  2/19/2009SenatePlaced on Calendar Order of 2nd Reading February 20, 2009
  3/18/2009SenateSecond Reading
  3/18/2009SenatePlaced on Calendar Order of 3rd Reading March 19, 2009
  3/25/2009SenateThird Reading - Passed; 059-000-000
  3/25/2009HouseArrived in House
  3/25/2009HousePlaced on Calendar Order of First Reading
  3/26/2009HouseChief House Sponsor Rep. John E. Bradley
  3/26/2009HouseFirst Reading
  3/26/2009HouseReferred to Rules Committee
  4/14/2009HouseAssigned to Judiciary I - Civil Law Committee
  4/29/2009HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 014-000-001
  4/29/2009HousePlaced on Calendar 2nd Reading - Short Debate
  5/6/2009HouseSecond Reading - Short Debate
  5/6/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/21/2009HouseThird Reading - Short Debate - Passed 117-000-000
  5/21/2009SenatePassed Both Houses
  6/19/2009SenateSent to the Governor
  8/18/2009SenateGovernor Approved
  8/18/2009SenateEffective Date January 1, 2010
  8/18/2009SenatePublic Act . . . . . . . . . 96-0583