If you’re facing a divorce in Illinois, you no doubt have many concerns, including what will happen to your children, house, and other property. The cost of the divorce itself may not be at the top of the list when you’re first starting the process. Depending on your circumstances, however, it could turn out to be a big stressor. You can avoid sticker shock if you have an idea of typical divorce costs where you live, as well as some of the circumstances—and decisions—that could make it more or less expensive.
The Cost of Divorce Lawyers in Illinois
Many people hire a lawyer to help them through the divorce process. When they do, their biggest divorce-related expense is the total fee they pay the attorney. A divorce lawyer’s bill is made up of two elements: how much the lawyer charges per hour, and the total number of hours needed to resolve all the divorce issues.
How Much Do Illinois Divorce Lawyers Charge per Hour?
In 2019, we studied the fees and billing practices reported by family law attorneys practicing in Illinois. The Illinois lawyers in our study reported their minimum and maximum hourly rates. Across the state, the average minimum was $260 per hour, while the average maximum was $330 per hour. And, according to Clio, a legal technology company, the average hourly rate for a family law attorney practicing in Illinois in 2023 was $322.
An individual attorney’s rates could vary for several reasons, especially:
- Location within Illinois. Attorneys with offices in large metropolitan areas usually charge hourly rates at the higher end of the scale, which is a reflection of the cost of living. So if you’re looking for a lawyer outside of the greater Chicago area, you might encounter hourly fees that are lower than the statewide average.
- Size of firm. Attorneys who work at big, prestigious law firms tend to charge more per hour than attorneys in small firms and solo practitioners.
- Family law expertise. Lawyers with a specialized family law practice and years of experience generally charge higher hourly rates compared to their counterparts with less experience or a general law practice. However, it’s worth pointing out that these higher hourly rates don’t necessarily translate into a higher total bill, because seasoned family law specialists can often resolve difficult divorce problems more efficiently than relative newcomers to the field.
- The cost of support staff. Some lawyers rely on paralegals and other support staff to do routine legal research and prepare documents, which can potentially save you money. Support staff can bill for substantive legal work, but at a much lower rate than lawyers. As reported by Clio, the average hourly rate for nonlawyers working on cases in Illinois in 2023 was $179.
What’s the Typical Total Cost for an Illinois Divorce Lawyer?
Many people who hire divorce lawyers choose “full-scope representation,” meaning the attorney handles everything in the divorce case (as opposed to being hired as a consulting attorney for a particular task, like preparing a separation agreement).
In 2015, and again in 2019, we surveyed our readers in Illinois who had recently been through a divorce. Our analysis from our reader survey and attorney-fee study revealed that the total average cost of a full-scope attorney in an Illinois divorce ranged from $11,000 to $14,000. It’s important to remember that those are the overall averages for divorces in the state in 2019. Depending on the particular circumstances in your case, your expenses could be significantly higher or lower than that range.
How Much Does a DIY or Online Divorce Cost in Illinois?
Not everyone wants (or can afford) to hire a lawyer. You can represent yourself (a “pro se” divorce) or use an online divorce service.
DIY Divorce
If you handle your own divorce in Illinois, you’ll have to:
- follow state and local divorce laws
- find and complete all of the necessary divorce forms
- serve your spouse with the forms
- go to court, and
- get a dissolution of marriage verification.
The Illinois Courts publish court-approved divorce forms and a guide to help you understand and navigate the court process. You can also find free information and resources at Illinois Legal Aid Online.
Going to court takes time and preparation. It can also be stressful and emotional, especially in divorce cases. Before you decide to represent yourself, consider the complexity of your case and the level of potential conflict. The more difficult and contentious the case, the harder it will be for you to win without a lawyer. It’s also much more difficult to represent yourself when your spouse has an attorney. The judge will hold you to the same standards as an attorney, so you’ll need to access whatever resources you can to understand the law and the court process. And even a DIY divorce isn’t free—you’ll still have to pay filing fees and other costs (see below).
Online Divorce
Online divorce is an increasingly popular option for people who want to minimize the expense and hassle of divorce. An online divorce service guides you through the paperwork you need for your situation, and then tells you how to file it.
The cost of online divorce services varies, but it’s typically in the $150 to $750 range, with extra charges for additional services (such as filing the paperwork with the court for you).
Online divorce isn’t appropriate in all situations. You might be a good candidate if:
- you’re getting a “joint simplified dissolution”
- your divorce is “uncontested” (you and your spouse agree on all of the important issues in your divorce)
- you’re aware of all of your marital assets and have access to your financial records
- your spouse isn’t represented by a lawyer, and
- a power imbalance or domestic violence hasn’t been a part of the relationship.
How Disputes and Trial Affect the Cost of Divorce in Illinois
Divorcing couples commonly disagree about one or more important issues in their cases, especially:
- child custody and support
- alimony (called “maintenance” in Illinois), and
- how to divide their property and debts.
These disputes are the main reason some couples pay more for their divorces than others. When you and your spouse can’t find a way to agree on these issues relatively quickly, your attorney will have to spend time on a process known as discovery—which involves collecting and exchanging financial documents, conducting depositions, and so on. Your lawyer may also have to prepare motions and attend court hearings if, for example, your spouse doesn’t cooperate with discovery, or either of you asks for a temporary support order. It will also take time for your lawyer to negotiate a settlement agreement—and many more hours to prepare for and represent you in a divorce trial if you aren’t able to agree on a settlement.
We looked at the impact of disputes involving important issues on divorce costs in 2019 and learned the following:
- The average total cost of a divorce with no contested issues in Illinois was $4,000-$5,000.
- In cases where the couples have one dispute that they settle without going to trial, average costs were $5,800-$7,300.
- Average divorce costs rose to $13,600-$17,300 when couples went to trial on a single dispute and trial on two or more disputes brought the average total to $18,600-$23,500.
Filing Fees and Other Divorce Costs
Although attorneys’ fees account for the bulk of divorce expenses, there are also other costs. Filing fees in Illinois vary from county to county, so you’ll need to contact the circuit court clerk to find out the fees in the county where you intend to file. Fees are subject to change and typically range from $210-$388. If you can’t afford to pay fees, you can ask the judge for a fee waiver. You may also have to pay a fee to have your spouse served with divorce papers.
Other potential divorce expenses include:
- mediation costs
- a child custody evaluation, and
- fees for other experts like accountants and private investigators.
Our national survey showed that the average for these non-lawyer costs is $1,600. Here again, the number and nature of contested issues in your divorce will affect your actual expenses.
Beyond the legal costs directly associated with a divorce, you’ll also have to budget for the so-called “soft” costs of divorce, such as moving, setting up and maintaining a separate household, therapy, and changes in your insurance and tax status.
How Long Does Divorce Take in Illinois?
To get a divorce, you or your spouse must have lived in Illinois for at least 90 days before you file the divorce papers. (750 Ill. Comp. Stat § 5/401(a) (2024).) Unlike some states, there is no mandatory waiting period for divorce in Illinois.
Uncontested divorces are usually faster than contested divorces, but you still have to allow time for the non-filing spouse to respond to the petition (usually 30 days), and schedule a hearing for the court to approve your divorce settlement, which can take weeks or even months.
Contested divorces usually take much longer. The more issues you and your spouse disagree about, the longer your divorce will likely take (and the more money it’ll cost). According to Illinois Legal Aid Online, contested divorces can take 18 months or more to be resolved.
More Information and Resources on Illinois Divorce
Divorce in Illinois can be time-consuming—not to mention emotionally and financially draining. If your situation involves a custody dispute, complicated financial issues, or significant conflict, talk to a divorce lawyer.
But not everyone needs a divorce lawyer. Other options include representing yourself, using an online service, and going to mediation. For help choosing the right path for your divorce, you can check out Divorcenet’s quiz.
And here are more resources on divorce in Illinois:
- Illinois Court Resources for Self-Represented Litigants
- Illinois Free Legal Answers (a project of the American Bar Association), and
- Illinois Child Support Services.
