In Re Marriage of Stewart

Mr. PRESIDING JUSTICE SIMON

delivered the opinion of the court:

With this appeal we address the perplexing issue of the award of attorney’s fees in actions to dissolve marriages. Other issues are raised, but only the trial court’s award of *250 in attorney’s fees to Annie Stewart must be reversed.

The underlying facts are not complex. On March 10,1978, a trial was held on Annie Stewart’s petition for dissolution of her marriage to Hamp Stewart, before Judge Robert Cusack. After hearing testimony, Judge Cusack stated that he would enter a dissolution order once the attorney for Mrs. Stewart prepared…