How much does a divorce cost in Illinois?
Walter Jackowiec III
Illinois managing attorney at Marble Law
Key Takeaways
- The cost of divorce in Illinois varies depending on the specific circumstances of the divorce.
- On average, an Illinois divorce costs about $5,000 to more than $10,000.
- Divorces tend to cost more money if: they are contested, the spouses share children, one spouse seeks alimony and/or you have many assets and liabilities to divide or there’s conflict over how to divide that property.
Like most states, Illinois has a pretty high price tag on divorces, and what attorneys charge for representing a person in divorce varies from lawyer to lawyer.
That said, on average, an Illinois divorce can range from $5,000 to $10,000 and higher depending on the issues such as:
- The type of divorce
- Any minor children
- Spousal support
- Property division
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Contested divorce vs. uncontested divorce
How much you and your spouse disagree can have a significant impact on the cost of your divorce in Illinois.
- In a contested divorce, the spouses can’t reach an agreement on one or more terms of their divorce. Because of this, they typically need to go to trial and have a judge decide the terms.
- In an uncontested divorce, the spouses reach an agreement on all terms of the divorce and write and sign a divorce settlement agreement.
A contested divorce typically costs more, because preparing for and going to court takes more time and often requires the help of more experts than an uncontested divorce does.
Minor children
Divorcing couples who have minor children together are likely to spend more money on a divorce than couples without children.
Courts often need a significant amount of time to decide the parenting time and decision making each parent should have and how much child support a parent should pay. To ensure that the court makes the best decisions for your child and respects your rights as a parent, you may need to hire professionals such as mental health providers or custody evaluators to testify on your behalf.
If the court requires you to pay child support, this may also be an ongoing expense. You’ll likely have to pay support until your child turns 18.
Spousal support
Some individuals must pay spousal support (also called spousal maintenance) to their exes. This is dependent on each spouse’s financial needs, income, resources and ability to earn wages. An obligation to pay maintenance depends on the length of your marriage, and you may have to pay spousal support for a significant number of years.
If you or your spouse requests spousal maintenance, this may increase the time and cost of your divorce, since it’s one more issue the court will have to evaluate and rule on.
Property division
Every divorce involves a decision about how to divide marital property before the spouses part ways. Property division can involve several expenses, such as attorney, discovery and expert witness fees to determine what’s marital property (and subject to division) and what’s separate property (and not subject to division).
Then, when the court divides your property, you’re likely to lose a significant number of assets (such as homes, bank accounts and investments) to your ex-spouse.
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