Illinois • Uncontested • No minor children
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Divorce Cost Estimate
Illinois Divorce Cost Calculator
Estimate divorce costs in Illinois using state-specific filing fee, attorney rate, mediation, children, property, and case complexity assumptions.
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Filing fee$388
Service of process$75
Attorney range$2,728 - $5,456
Mediation$550
These estimates are for planning only. They use the existing state-specific filing, attorney, and mediation assumptions and are not legal advice.
Illinois Divorce Cost Snapshot
Use this 2026 Illinois divorce cost guide to compare county filing and appearance fees, attorney expenses, Illinois residency and parenting-plan rules, and the cost difference between agreed and contested divorces.
CategoryTypical range
Initial divorce filing fee$334–$388
Responding spouse appearance fee$239–$250 in cited counties
Illinois family-law rate$343/hr average
Uncontested planning range$3,500–$9,000
Contested planning range$15,000–$50,000+
Planning timeline2–24+ months
How Much Does Divorce Cost in Illinois?
Starting a divorce in the Illinois counties reviewed here requires a filing fee of $334–$388. The responding spouse may also pay an appearance fee, and service, e-filing, copies, classes, motions, and later court activity can add more.
Attorney time usually becomes the larger expense when spouses disagree about parenting time, significant decision-making, child support, maintenance, real estate, retirement benefits, debt, businesses, or whether property is marital or nonmarital.
Illinois uses equitable distribution, so a court divides marital property in proportions it considers just rather than automatically dividing everything equally. Clio's March 2026 data reports a $343 average hourly rate for Illinois family lawyers. These figures remain planning ranges—not legal advice or attorney quotes.
Local court charges are only the starting point in Illinois; attorney involvement, property issues, mediation, and contested proceedings can have a much larger effect on the final budget. See our national guide to divorce costs for a deeper explanation of how those expenses fit together.
Illinois Divorce Filing Fees by County
Illinois divorce cases are filed in circuit court, and county schedules are not identical. The petitioner normally pays the new-case fee while the respondent may pay a separate appearance fee.
CountyPetition filing feeWhat to know
Cook County$388Published dissolution fee; the same schedule lists a $250 appearance fee. Court source
Lake County$334Dissolution filing fee under the clerk's published schedule. Court source
Will County$364New dissolution case; the clerk lists a $239 appearance fee and $603 combined for joint simplified filing. Court source
- Appearance, summons, service, e-filing, certified copies, motions, parenting education, mediation, child representatives, appraisals, retirement orders, and experts may add costs.
- Illinois Courts publishes statewide civil fee-waiver forms that every Illinois court must accept; the court determines whether the applicant qualifies.
- Residents should confirm current petition and appearance fees with their local Circuit Court Clerk before filing.
Illinois Divorce Rules That Can Affect Cost and Timing
90-day residency requirement
Under 750 ILCS 5/401, one spouse must satisfy 90 days of Illinois residence or qualifying military presence before the judgment. This is a residency rule, not a fixed post-filing waiting period.
No standard post-filing wait
Illinois does not generally impose a set waiting period after filing. Service, required documents, parenting matters, and court scheduling still prevent immediate completion.
Irreconcilable differences
Irreconcilable differences are the basis for dissolution. Six months living separate and apart creates the statutory presumption described in § 401; it is not a universal pre-filing requirement.
Parental responsibilities
Illinois uses allocation of significant decision-making responsibilities and parenting time rather than relying primarily on the older custody and visitation terminology.
Parenting education
Courts generally order an educational program of at least four hours in cases involving allocation of parental responsibilities, with local circuits selecting or approving providers.
120-day parenting plans
Section 602.10 generally requires parents to submit a joint or separate proposed parenting plan within 120 days after service or filing of the relevant petition, subject to statutory exceptions and extensions.
Is Illinois a 50/50 Divorce State?
Illinois is an equitable-distribution state. Section 503 requires the court to identify marital and nonmarital property and divide the marital estate in proportions it considers just.
An equitable division is not automatically 50/50. Real estate, retirement benefits, business interests, stock compensation, commingled inheritances, and dissipation claims can require extensive tracing and valuation.
- Each spouse's financial and homemaking contributions
- Dissipation and the value of property assigned to each spouse
- Marriage length and each spouse's economic circumstances
- Age, health, income, occupation, and employability
- Tax consequences, maintenance, and future opportunities
How Spousal Maintenance Can Affect Illinois Divorce Costs
Illinois uses maintenance for payments often called alimony or spousal support. Section 504 directs courts to determine whether maintenance is appropriate before applying any relevant amount-and-duration guidelines.
Disputes over income, earning capacity, need, bonuses, self-employment, standard of living, duration, reviewability, and the interaction with property division can add financial analysis and attorney time.
Does Illinois Have a Simplified Divorce Process?
Illinois offers Joint Simplified Dissolution of Marriage under Part IV-A for couples who satisfy every statutory condition. It is narrower than an ordinary agreed divorce.
Restrictions address children and pregnancy, support waivers, marriage length, income, property value, real estate, retirement benefits, and complete agreement concerning assets and debts. Couples who do not meet every requirement must use the regular dissolution process.
Uncontested vs. Contested Divorce Costs in Illinois
Agreed or uncontested Illinois divorce
- The spouses have resolved property, debt, maintenance, parenting, support, and related expenses.
- Fewer disputes usually mean fewer attorney hours, motions, discovery requests, and hearings.
- A qualifying joint simplified case or basic self-represented matter may cost less.
Contested Illinois divorce
- One or more significant parenting, support, property, or maintenance issues remain unresolved.
- Discovery, subpoenas, depositions, temporary hearings, appraisals, mediation, experts, or child professionals add cost.
- Prolonged parenting litigation, high assets, business valuation, or trial can exceed the range.
Attorney time often becomes the largest variable when a Illinois case remains disputed. Our divorce lawyer cost guide explains retainers, hourly billing, and why total legal fees vary.
What Can Make an Illinois Divorce More Expensive?
Filing and appearance fees matter at the beginning, but attorney time and unresolved parenting or financial disputes usually determine the eventual total.
- Competing parenting plans, evaluations, mediation, or guardian ad litem involvement
- Real estate, retirement benefits, or separate transfer orders
- Business ownership, self-employment income, or valuation
- Dissipation claims and detailed transaction review
- Maintenance disputes and temporary-relief hearings
How Long Does Divorce Take in Illinois?
Illinois residency requirement
90 days before judgmentAt least one spouse must satisfy the statutory residence or qualifying military-presence requirement before judgment.
Straightforward agreed divorce
Often 2–4 monthsThere is no standard post-filing wait, but service, documents, financial information, scheduling, and final prove-up take time.
Agreed divorce with children or property
Often 4–8 monthsParenting education, plans, settlement drafting, real estate, retirement, and support calculations may extend the process.
Moderately contested divorce
Often 8–14 monthsDiscovery, temporary orders, mediation, parenting disputes, and property negotiations add time.
Complex contested divorce
Often 12–24+ monthsBusiness valuation, substantial discovery, experts, child-professional involvement, or trial can extend the case.
Example Illinois Divorce Scenarios
These examples illustrate how different facts can change a planning range. They are not predictions or legal quotes.
Agreed Lake County divorce
- No minor children
- No real estate
- Limited marital property
- Complete written agreement
Uses Lake County's $334 petition fee plus approximately $3,500–$6,500 in professional help; appearance, service, and copies may be additional.
Will County divorce with children
- Two minor children
- Parenting plan needed
- Child-support calculation
- Jointly owned home
- Mediation expected
Parenting education, mediation, the home, and child-related terms matter much more than the $364 filing fee.
Contested Cook County divorce with assets
- Chicago-area home
- Retirement accounts
- Closely held business
- Maintenance and parenting disputed
Valuation, financial discovery, appraisals, depositions, child-professional involvement, mediation, and trial preparation may be required.
Frequently Asked Questions
How much does divorce cost in Illinois?
A professionally assisted agreed divorce may cost roughly $3,500–$9,000, while a contested case may cost $15,000–$50,000 or more. Parenting, property, maintenance, experts, and litigation shape the total.
What is the filing fee for divorce in Illinois?
Fees vary by county. The cited schedules list $334 in Lake County, $364 in Will County, and $388 in Cook County. The respondent may also pay a separate appearance fee.
Is there a waiting period for divorce in Illinois?
Illinois generally has no fixed post-filing waiting period. One spouse must satisfy the 90-day residency or qualifying military-presence requirement before judgment.
Must spouses separate before filing in Illinois?
Illinois does not generally require a fixed separation period before filing. Six months living separate and apart creates a statutory presumption concerning irreconcilable differences, but it is not a universal filing prerequisite.
Is Illinois a 50/50 divorce state?
No. Illinois uses equitable distribution and divides marital property in proportions the court considers just, which may or may not be equal.
What is the difference between parental responsibilities and custody?
Illinois uses significant decision-making responsibilities for major child-related decisions and parenting time for the schedule during which each parent is responsible for the child.
Do Illinois parents have to take a parenting class?
Courts generally order an approved parenting education program in cases involving allocation of parental responsibilities. The provider, format, fee, and deadline vary by circuit.
How soon must an Illinois parenting plan be filed?
Section 602.10 generally requires a joint or separate proposed parenting plan within 120 days after service or filing of a petition for allocation of parental responsibilities, subject to exceptions and court-approved extensions.
Can I use Illinois's joint simplified divorce process?
Only if both spouses satisfy every condition in Part IV-A, including restrictions involving children, pregnancy, marriage length, income, property, real estate, retirement benefits, maintenance, and agreement on debts and assets.
Can Illinois divorce filing fees be waived?
A person who cannot afford court costs may submit Illinois's statewide civil fee-waiver forms. The court decides whether qualifying fees will be waived.
Can I file for divorce without a lawyer in Illinois?
Yes. Illinois Courts publishes statewide divorce, child-support, maintenance, and fee-waiver forms. Complex property, support, or parenting cases may require additional procedures and legal analysis.