The nuances of each situation largely determine how much an uncontested divorce costs in Oakbrook Terrace, IL. Overall, the total costs may range from $1,000 to $5,000. Factors such as the complexity of the issues, whether the parties use mediation, and if the divorce was previously contested can affect the cost of an uncontested split. Uncontested divorces usually are much cheaper than contested divorces, though.
Uncontested divorces have many advantages, including a quicker timeline, less stress, and relatively low costs. Contact Erlich Law today at (630) 538-5331 to learn more.
What Factors Impact the Cost of an Uncontested Divorce in Illinois?
An uncontested divorce in Illinois typically has unavoidable, basic costs related to filing fees, paperwork, and similar expenses. Additional variables such as attorney costs can impact the bottom line, too.
Required Filing and Administrative Costs
In DuPage County, the cost to file for divorce is $348. In Cook County, the cost is a bit more, at $388.
Other costs apply for sheriff service to serve the other party, filing a response to a filed case, and a payment toward required parenting classes if children are involved. The DuPage County fee schedule lists the cost of appearance (filing a response, also known as defending the case) at $223 and a counter complaint or cross-complaint at $125. Meanwhile, sheriff service should cost about $60, with the payment toward parenting class costing about $50.
An uncontested divorce lawyer can give you the most up-to-date information on these costs and other expenses.
Attorney Expenses
Some attorneys charge flat fees for uncontested divorces, while others charge an hourly rate. Attorneys who charge flat fees do not necessarily charge the same flat rate for all uncontested divorces they handle. For example, an attorney might charge $1,000 for the most basic and straightforward cases while requesting $5,000 for a case that has more wrinkles.
A flat fee often ranges from $1,500 to $5,000, depending on the attorney and the complexities of the case. If an attorney charges hourly, then variables such as multiple court hearings and meetings with the other party’s attorney can increase the overall divorce cost quite a bit. A common hourly rate is $260.
Attorneys in Oakbrook Terrace, IL, may also ask for retainer costs. These are advance payments to reserve the attorney’s services. They partially cover attorney expenses and may include the charges for court fees.
While attorneys cost money, clients should come out ahead financially in the long term. Attorneys can prevent huge mistakes by filing paperwork on time and advocating for clients’ interests. They can help clients get necessary child support and spousal support, or make sure their clients pay equitable amounts of support.
Attorneys typically have deep experience in negotiation, mediation, and other areas. They work with their clients to determine fair parenting time and marital property division. The same goes for calculating child support. For example, someone who does not have an attorney might end up with insufficient child support. It is usually harder to modify court orders rather than get these issues “right” the first time around.
Mediation Fees
The parties in an uncontested divorce may need mediation to address issues such as parenting time, child support, and the children’s college expenses. Other areas to cover include property sales, retirement accounts, debt division, and tax issues.
Mediator costs vary. Some mediators prefer flat fees, and these can be $1,500 or $5,000 or more, depending on how complex a case is. Other mediators charge hourly, with a common range being $100 to $400 per hour. If a case is on the somewhat complicated side and requires 18 hours at an hourly charge of $200, the cost of mediation would be $3,600. A more complicated case or a higher hourly rate could push the total more toward $8,000, while a lower rate or a simpler case could mean a total of $1,500 or less.
To keep these costs as low as possible, know the dos and don’ts of divorce mediation. For example, if the issue at hand is parenting time, you can prepare by gathering information on your children’s schedules and having proposed parenting plans ready.
Children
An uncontested divorce may cost more if it involves minor children. This is often because the parties may need mediation or other forms of external assistance to work through issues such as parenting time and child support.
Support Orders
Child support or spousal support can add to the price tag of an uncontested divorce. They are not necessarily expenses from the divorce process itself, but rather ongoing expenses that arise from the divorce.
However, your approach in an uncontested divorce can play a big role in these ongoing expenses. For instance, making emotional decisions during a divorce could lead someone to end up paying excessive amounts of spousal support for years. Conversely, another emotional decision during divorce could be to not ask for much-needed spousal support. This decision could result in someone struggling financially for many years, when that did not have to be the case.
Previous Conflict
Some divorces begin as contested but end up uncontested. If a case got nearly to trial before the parties reached agreement, the total price tag of such a divorce should be more than if the parties never got close to trial.
What Is the Average Cost of an Uncontested Divorce in Illinois?
In DuPage County, IL, the median household income is $107,035. Every dollar counts, especially since getting divorced and splitting marital property are rough on many people’s budgets.
How much an uncontested divorce costs in Illinois can be $1,500 to $2,500. This range is considerably less than the cost of a contested divorce. The emotional and mental costs of an uncontested divorce tend to be less, too.
At the low end, a contested divorce could cost $7,500. Many cost $20,000 or more, due to expenses for the discovery process, expert witnesses, the trial, and much more. Contested divorces often involve a lot of conflict and take longer to recover from emotionally and mentally.
Is it worth contesting a divorce in some situations, though? Much depends on the nuances of each case. Contested divorces may be necessary in some situations, such as those involving abuse, manipulation, or a party who refuses to compromise. That said, a willingness to work together with the other party can lead to an uncontested divorce that is better for everyone in many ways. Overall, how much a divorce costs in Illinois often depends on whether the split is contested or uncontested.
Fortunately, “irreconcilable differences” under Illinois law makes it easier for couples to get an uncontested divorce and save on divorce costs. Irreconcilable differences is a way to avoid assigning fault.
The Importance of Hiring a Reputable Attorney in Oakbrook Terrace, IL
Working with a reputable attorney for your uncontested divorce can make a world of difference. Divorce can be an overwhelming and confusing time, even for people who want to split. The decisions you make now can affect the rest of your life.
Reputable attorneys in Oakbrook Terrace, IL, have the experience to discuss your options, act as sounding boards, offer support, and guide you through the process. They also take care of the paperwork and minimize the chances of errors occurring. Other reasons to work with a trustworthy attorney include:
- Expertise in Illinois law: Illinois has laws and regulations for divorces. An attorney familiar with the state’s laws is in a good position to help you.
- Streamlined process: A skilled attorney can bring your divorce to a close as smoothly as possible. This may help you move on more quickly emotionally, mentally, and financially.
- Objective support for your interests: Divorces should be fair and equitable, but people often make emotional decisions they regret later. This can be due to relief, happiness, guilt, shame, and many other emotions. Whatever the case, your attorney advocates for your rights and interests in issues such as child custody and support, asset division, and spousal support.
- Prevention of future issues: A misguided approach to a divorce can mean many legal issues down the road. A reputable attorney helps you avoid expensive mistakes. In fact, how much an uncontested divorce costs can go up considerably years later, depending on the types of mistakes made during the original process.
Hiring a qualified attorney can save you considerable time and stress, and get your divorce finalized sooner rather than later.
During your initial consultation with an attorney, discuss your goals and concerns about your divorce. Try to gather as much financial documentation as possible to help the attorney make the most educated decisions possible. Uncontested divorces can be relatively straightforward, quite complicated, or somewhere in between. Denise Erlich understands that each situation is different and has the knowledge to help her clients transition to their new lives as seamlessly as possible. Contact us today at Erlich Law Office to discuss your case.
