Divorce is a complex and emotionally challenging process, and one of the concerns that often weigh heavily on the minds of those considering divorce is the cost. While there is no one-size-fits-all answer to the question “how much does a divorce costs in Illinois,” we can provide you with a general overview of the factors that can influence the total expenses involved including:
- The Type Of Divorce
- Attorney Fees
- Court Costs
- Alternatives To Court
Keep reading to learn how much a divorce costs in Illinois.
Type of Divorce
In Illinois, there are several types of divorce, each with its own cost implications:
Uncontested Divorce: An uncontested divorce is typically the most cost-effective option. In this scenario, both spouses agree on all major issues, including property division, child custody, and support. Because there is little to no dispute, legal fees are generally lower, and the process is faster. Sometimes these couples will file for divorce together with just one large document.
Contested Divorce: A contested divorce occurs when spouses cannot agree on key issues. This often leads to prolonged negotiations, court appearances, and higher legal fees. The more contentious the divorce, the more it will typically cost.
Simplified Divorce: Illinois offers a simplified divorce process for couples with no minor children and limited assets. This can be a cost-effective option, but it has specific eligibility requirements. These requirements are:
- Must be married less than 8 years
- Have no children
- Joint, annual, gross income from all sources must be less than $35,000.
- Neither you nor your spouse may have a gross annual income of more than $20,000.
- Total value of marital property you and your spouse own must be less than $10,000.
- You do not own any real estate.
Costs of Divorce
Regardless of the type of divorce, there are several common fees that you will need to be aware of. Those common fees are as follows:
Attorney Fees
The cost of hiring an attorney is a significant factor in the overall expense of a divorce. Attorney fees can vary widely depending on the complexity of your case, the attorney’s experience, and the location of their practice.
In Illinois, many attorneys charge hourly rates, which can range from $150 to over $1,000 per hour or more. If there is an hourly rate, then often law firms will ask for a retainer. A retainer is a large sum of money, typically several thousand dollars, that act as a fund that firms take money from as they work on your case. This will cover the beginning of your case.
Sometimes an attorney will ask for more money if the case goes longer than anticipated, but if the case is finished and there is still money left in the retainer then you will often receive a refund. Also, some lawyers may offer flat-fee services for uncontested divorces, making it easier to budget for legal expenses. To learn more, check out our article titled “How Much Does a Family Law Attorney Cost in Illinois?”
Filing Fees and Court Costs
In addition to attorney fees, you will need to pay filing fees and court costs when initiating a divorce in Illinois. These fees can vary by county but typically range from $200 to $400. If your case involves multiple court appearances or motions, these costs can add up over time. Not every court filing costs money, but you should talk to your lawyer to get a good idea of what court costs may look like in your jurisdiction.
If you decide not to get a lawyer, you will have to file your documents yourself with the court. These are done online and will include the filing fees there. While this can save you money, it is not recommended as legal representation can change the outcome of your case drastically. A qualified family law lawyer can also walk you through each step of the process, making the entire proceeding less stressful.
Mediation and Alternative Dispute Resolution
Mediation and alternative dispute resolution (ADR) processes can be a cost-effective way to resolve divorce issues outside of court. A trained mediator or ADR specialist can help facilitate negotiations and reach agreements on property division, child custody, and other matters. While there may be fees associated with mediation or ADR, they are often lower than the costs of litigation.
To learn more about mediation check out our soon to be published article “What Are the Benefits of Divorce Mediation?“
Child Custody and Support
Child custody and support arrangements can impact how much a divorce costs in Illinois. If parents cannot agree on custody and support, the court may appoint a guardian ad litem or child custody evaluator to assess the best interests of the child. These professionals charge fees for their services, which can increase the overall cost of the divorce. For more information about this check out “How to Get a Court-Appointed Attorney for Family Law in Illinois.”
If you are ordered to pay child support, then these payments will be due every month until your agreement has ended. Child support agreements end when your child turns 18 unless your agreement states a different date. If your child turns 18 before they leave highschool, or if your agreement includes expenses for college, you may have to continue child support payments until your graduates (as long as they graduate in a reasonable amount of time which is typically 4 years for highschool and college).
Child support payments will be based on the income of both parents, their amount of parenting time, and the needs of the child. To get an idea of how much your support payments will cost you can check out the Illinois Child Support Estimator.
Property Division
The complexity of property division can also affect the cost of divorce. If you and your spouse have significant assets, businesses, or complex financial holdings, it may be necessary to hire financial experts or forensic accountants to help with asset valuation and division. These experts come with their own fees.
Spousal Maintenance (Alimony)
If spousal maintenance (alimony) is a factor in your divorce, it can impact the overall cost. Determining the appropriate amount and duration of spousal maintenance may require legal and financial expertise, as well as court involvement.
Geographic Location
The cost of divorce can vary based on where you live. Attorneys’ fees, court costs, and filing fees may be higher in metropolitan areas, like the city of Chicago, than in rural areas. It’s essential to consider the regional cost differences when budgeting for your divorce.
Additional Costs
There are also additional costs to consider, such as:
- Post-divorce expenses: Setting up a new household, changing financial accounts, and updating legal documents like wills and insurance policies can incur additional expenses.
- Counseling or therapy: Divorce can be emotionally challenging, and some individuals or families may seek counseling or therapy to cope with the stress and emotions associated with the process.
- Child support enforcement: If your divorce involves child support payments, there may be enforcement and collection costs if the paying spouse does not meet their obligations.
Conclusion: How Much Does a Divorce Cost in Illinois?
In Illinois, the cost of a divorce can vary widely based on various factors, including the type of divorce, attorney fees, court costs, and the complexity of the issues involved. It’s essential to work closely with an experienced family law attorney who can provide you with a clear understanding of the potential costs and help you navigate the legal process efficiently.
While cost is undoubtedly a significant consideration in divorce, it’s also crucial to prioritize your long-term financial well-being and the best interests of any children involved. A well-executed divorce settlement can provide a solid foundation for your future, making the investment in experienced legal counsel a valuable one.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (How Much Does a Divorce Cost in Illinois?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information to answer the question How Much Does a Divorce Cost in Illinois?
Published by Dustin Koth on March 21, 2024
