If you are thinking about getting a divorce in Illinois, one of the first things you should consider is the cost of filing for divorce. The cost of divorce can vary depending on a variety of factors, including whether you hire an attorney, whether you have children, and whether you and your spouse can agree on all of the terms of the divorce.
Overview of Costs
The cost of filing for divorce in Illinois typically includes three main components:
- Filing fee: In Illinois, the filing fee for a divorce varies depending on the county where you file. As of 2021, the filing fee ranges from $259 to $350. If you cannot afford the filing fee, you may be able to request a waiver based on your financial situation.
- Service fee: After you file for divorce, you must serve your spouse with the divorce papers. If you hire a sheriff to serve the papers, the fee can range from $25 to $75. If you hire a private process server, the fee can be higher.
- Attorney’s fees: If you hire an attorney to represent you in your divorce, the cost can vary widely depending on the attorney’s hourly rate, the complexity of your case, and whether you reach an agreement with your spouse or go to court. The average cost of a divorce attorney in Illinois is around $300 per hour, but some attorneys charge more or less than this.
Factors Affecting the Cost of Divorce in Illinois
Several factors can affect the cost of divorce in Illinois. Some of the most significant factors include:
Children
If you have children, your divorce is likely to be more complex and therefore more expensive. You may need to hire a guardian ad litem or other experts to evaluate your parenting plan, and you may need to spend more time negotiating the terms of custody and support.
Assets
If you and your spouse have a lot of assets, dividing them fairly can be a complicated process. You may need to hire a financial expert to help you determine the value of your assets, and you may need to spend more time negotiating the terms of property division.
Alimony
If you or your spouse is seeking alimony (also known as spousal support), this can also increase the cost of your divorce. Alimony can be a contentious issue, and it may require additional legal work to determine the appropriate amount and duration of support.
Ways to Keep Costs Down
Although the cost of divorce in Illinois can be substantial, there are several ways to keep costs down. Some tips to consider include:
- Use mediation instead of going to court: Mediation is a process in which you and your spouse work with a neutral third party to come to an agreement on the terms of your divorce. This can be a less expensive and less contentious option than going to court.
- Hire an attorney only for what you need: You may not need an attorney to handle every aspect of your divorce. Consider hiring an attorney on a limited-scope basis to assist with specific tasks, such as drafting a settlement agreement or representing you in court for a single hearing.
- Be prepared: The more organized and prepared you are, the less time your attorney will need to spend on your case. Make sure you have all of your financial documents in order and be ready to discuss your goals and priorities for the divorce.
In conclusion, the cost of divorce in Illinois can vary widely depending on a variety of factors. By understanding the factors that can affect the cost of your divorce and looking for ways to keep costs down, you can navigate the divorce process with greater ease and confidence.