How Much Does a Divorce Cost in Illinois?
- Attorney's fees vary based on the complexity of the case. Many attorneys charge by the hour; in addition, an attorney may charge a minimum fee or retainer fee that you must pay prior to the lawyer taking the case. Some attorneys charge more for cases involving custody issues. Legal Aid reports that in 2009, attorney's fees for divorce in Illinois ranged from $525 to $1,000 as a retainer, and hourly fees ranged from $175 to $215 per hour.
- Contested divorces are far more expensive than uncontested divorces. Attorneys fees will be significantly higher because of the additional work required and parties may be ordered by the court to enter mediation or take parenting classes, which take additional time and may incur additional costs. In some cases, parents may need to consult with psychologists or other experts to help settle custody issues, again incurring additional costs. Legal Aid reports that some contested divorces can cost more than $150,000.
- While Illinois law does not state specifically that one spouse must be responsible for paying the other spouse's attorneys fees, the court can order a spouse to do so if he makes significantly more money than the other. Legal Aid suggests asking the court to do this at the beginning of divorce proceedings so that the more affluent spouse can pay the attorneys fees for the less affluent spouse as the case goes along.
- If you cannot afford an attorney, you may be able to get a simple, uncontested divorce for free through Illinois Legal Aid. If you and your spouse make less than $35,000 per year and agree on all terms of the divorce, you can apply for a joint, simplified divorce through the court, which is free. You can only get a simplified divorce if there are no children involved in the marriage.