Some say, “Divorce is easy, marriage is hard.” However, divorce can be one of the hardest decisions for couples and can be costly. The numerous decisions that need to be made in a divorce can be stressful and time-consuming. No matter what type of divorce a couple decides to file for, it is helpful to understand the associated costs. If you are considering initiating a divorce, you may be wondering,” How much does a divorce cost in Illinois?”
The cost of your legal fees can vary depending on which law firm you choose. Some factors that can affect the cost are the firm size, lawyer experience, and how time-consuming the divorce process is. The amount of time a divorce takes can also depend on the legal option the couple chooses. Some of the avenues to ending a marriage couples may pursue are:
A pro se divorce is one where a spouse chooses to represent themselves rather than enlisting the support of an experienced divorce lawyer. Although this may seem like an economical route to take, it is highly inadvisable as you may not achieve a desirable outcome, and your spouse may retain legal counsel that grants them an unfair share of the things you hold dear.
All couples seeking divorce are required to pay the necessary filing fees. In Illinois, there are two fees: the fee for filing the case and the cost of serving the spouse. The filing fee is different for each county. Once filed, the other spouse must pay a fee to file a response. Though inexpensive, this option is not always recommended as unexpected costs and pitfalls may arise that will cost you plenty in the long run.
A joint simplified divorce is another cost-effective option offered in Illinois. However, it is limited and only suitable for couples without children, who have a combined gross income under $60,000, who do not own real estate, and who have been married less than eight years. Couples who choose this option also waive their right to alimony.
A mediated divorce is a process in which couples hire a neutral third party to help them come to agreements on divorce details in a private setting. The mediator helps the couple file the necessary paperwork after negotiating terms. This is a less expensive option than contested and uncontested divorces as most legal fees are avoided. However, if divorcing spouses are unable to act civil towards each other, this may not be an option.
Mediation is also favorable because couples have more control over the decisions made rather than a judge.
An uncontested divorce does go through the legal system but is typically quicker and less costly than contested divorces because couples agree on most major issues. Couples who do not share children and who have limited assets often opt for uncontested divorces, though there are exceptions.
In Illinois, an uncontested divorce can be resolved fairly quickly. In addition to both parties agreeing on all matters, a divorce can be uncontested if one partner does not appear in court or respond to the divorce filing.
In a contested divorce, both parties disagree on critical issues, and a judge will decide on the terms in court. Couples in this scenario tend to have a large number of assets to protect, shared children with disagreements on how to handle custody arrangements, and/or disputes related to alimony payments. Though many divorces settle before going to trial, those that do go to court increase costs greatly.
A: Costs to get a divorce if both parties agree in Illinois can vary greatly depending on lawyer fees and the number of issues couples need to work through. Even if both parties agree, aspects such as children, property, and shared assets should be taken into consideration, which increases the time commitment and associated costs. Mediation can decrease the overall cost of a divorce by saving time, and the cost of expensive litigation.
A: The cheapest way to get a divorce in Illinois is either for couples to file for a pro se divorce in their respective counties or pursue the joint simplified divorce option, which has several stipulations. When pursuing cheaper options, couples should be clear and agree on all arrangements, have minimal assets to dispute, and have solid custody arrangements or no children at all.
Filing for a pro se divorce can seem cheaper upfront but can be costly in the long run if either spouse has a divorce attorney backing them, paperwork is misfiled, or other legal issues arise in the process.
A: No matter the route couples take to divorce, they must file the appropriate paperwork in the county where the divorce will take place. Filing fees for divorce in Illinois vary by county. The filing fee in Cook County is $388, in Marion County is $321, and in Stephenson County is $306, for example.
A: Before choosing divorce, many couples do trial separations to ensure this decision is what they want. Each state has its own requirements for getting a divorce, including how long couples must live separately before petitioning for a divorce. In Illinois, a couple should be separated for no less than six months before filing for a divorce.
Not many couples expect their marriage to end in divorce, but if they do decide to end their marriage, they should know their options and how much a divorce costs. No matter the option a couple chooses, they should avoid making decisions based on costs alone. If you need guidance about pursuing a divorce, contact Vahey Law & Mediation, LLC today. We can schedule a consultation to discuss your options and find the one most suitable for you.
