How Much Will an Illinois Divorce Cost, and What if I Cannot Afford it?

 Posted on March 11, 2025 in Divorce

If you are considering divorce, you may be concerned about your ability to afford attorney’s fees, court costs, or other expenses. This can be a major concern during difficult times, especially when the economy is struggling and many people are unemployed. By understanding how to address the cost of divorce, you can take the legal action necessary to obtain the results you and your family need. Our Illinois divorce attorneys are here to help you through every step of the process.

The Facts About Divorce Expenses in Illinois

It is true: divorce can be expensive. This is particularly true if you do not have much money to begin with. In fact, recent statistics about the cost of divorce in Illinois suggest the following:

The average cost of divorce in Illinois is typically between $10,000 and $15,000, with attorney’s fees making up the bulk of the cost.

Divorce filing fees in Illinois vary by county. For example, in DuPage County, the current filing fee is $348.

The Breakdown of Divorce Court Costs

Beyond attorney’s fees, divorce comes with several court-related expenses that can add up quickly. These may include:

• Filing fees: As mentioned, these vary by county, with DuPage County’s current fee set at $348.

• Service fees: If you need to serve divorce papers to your spouse, expect to pay additional costs, especially if they are difficult to locate.

• Parenting classes: If you have children, Illinois courts often require parents to complete a parenting education program, which can cost anywhere from $50 to $150.

• Mediation fees: If the court orders mediation for child custody or financial disputes, this can add hundreds of dollars in expenses.

• Expert witness fees: If you need financial analysts, appraisers, or child custody evaluators, their services can add significant costs.

How Can I Afford Divorce?

If the price tag of a divorce seems steep for you, but you believe that it is the best choice for you and your family, you do have options in terms of paying for the divorce. In some cases, you may be able to apply for a waiver of that fee when filing your divorce petition – more on that below.

As for attorney fees and other expenses throughout the divorce process, you may be able to petition the court for relief in these matters. In some cases, a court will order the spouse who has more money to contribute toward the other spouse’s attorney fees. The following steps will be followed in these cases:

• A spouse must be provided with notice that the other spouse is seeking attorney’s fees, and one or more hearings will be held to address these matters.

• The court will carefully consider the financial resources of both parties, including their income, assets, and debts.

• The court may order a financially stronger spouse to pay some or all of the other spouse’s attorney’s fees.

• Attorney fee awards can be granted before, during, or after the divorce, depending on the financial hardship faced by the requesting spouse.

Courts are more likely to grant these petitions when there is a significant financial imbalance between spouses or when one spouse has intentionally limited the other’s access to funds.

Fee Waivers in Illinois Divorce Cases

If you cannot afford the filing fees for a divorce, you may qualify for a fee waiver. In Illinois, courts offer waivers for those who can demonstrate financial hardship. According to the Illinois Supreme Court Access to Justice Commission, people with an income below 125 percent of the federal poverty level or those receiving public benefits such as SNAP, TANF, or SSI often qualify for fee waivers. You will need to submit a request to the court, including financial documentation to support your claim.

Can I Represent Myself to Save Money on a Divorce?

While it may be tempting to handle your divorce without an attorney to save money, this decision often leads to more expenses in the long run. Without proper legal guidance, you may make costly mistakes, such as failing to properly divide assets, misunderstanding child custody laws, or agreeing to financial terms that can cost you a lot of money down the road.

Additionally, court procedures and legal paperwork can be overwhelming, leading to delays and complications. An experienced divorce attorney can help you navigate the process efficiently, ensuring your rights are protected and that you reach a fair settlement.

Mediation and Collaborative Divorce Can Lower the Cost of Divorce

Mediation and collaborative divorce offer alternatives to traditional litigation that can significantly reduce costs. In mediation, a neutral third party helps spouses negotiate an agreement, avoiding expensive courtroom battles. Collaborative divorce involves both spouses working with their attorneys to settle issues peacefully without going to court. These approaches typically require fewer billable attorney hours, reducing overall expenses while allowing both parties to have more control over the final outcome.

Common Mistakes That Drive Up Divorce Costs

Several avoidable mistakes can unnecessarily increase the cost of divorce, including:

• Dragging out litigation: Fighting over minor details instead of compromising can result in more billable hours.

• Not disclosing financial information: Courts require full financial disclosure. Hiding assets or delaying document submissions can lead to expensive legal disputes.

• Ignoring court orders: Non-compliance with court orders can lead to additional hearings and legal fees.

• Misusing social media: Public posts can be used as evidence, leading to legal complications and increased attorney costs.

• Not consulting an attorney early: Waiting until issues escalate can lead to a more complex and expensive legal battle.

Contact a Wheaton, IL Divorce Lawyer

Even if you do not think you can afford to get divorced, you should still contact a DuPage County, IL divorce attorney. The compassionate team at Andrew Cores Family Law Group offers a free consultation, where we can help you understand your options for ending your marriage, including determining whether you can ask for your spouse to pay for part of your attorney’s fees.

We can also help you explore cost-saving options such as mediation, fee waivers, and limited-scope representation. Call our office today at 630-871-1002 to schedule your consultation and learn how we can help you through this process.