Understanding the Different Types of Divorce in Illinois

Oct 4, 2023 | Divorce, Divorce Attorney

No two marriages in Illinois are the same, and neither are two divorces. As each situation is unique, Illinois has different types of divorce cases to accommodate different circumstances. To determine which type of case is right for you, consult with a Rockford divorce attorney today.

Uncontested Divorce vs. Contested Divorce in Rockford, IL

Many people assume that divorce is contentious and acrimonious. However, some spouses can cooperate to save resources when divorcing. When spouses can agree on all terms of the divorce, including property division, spousal support, and child-related matters, one spouse can file an uncontested divorce.

On the other hand, when spouses cannot agree on one or more issues, one spouse might file a contested divorce. They still have the opportunity to resolve the matter and settle out of court, though some contested divorces require litigation.

Simplified Divorce vs. Complex Divorce in Illinois

Illinois also has two different processes for joint simplified divorce and complex divorce. A simplified divorce has several requirements spouses must meet, including:

  • The marriage is shorter than eight years
  • The spouses share no children
  • The spouses were separated for six months or agreed to waive this requirement.
  • Neither spouse seeks financial support
  • Neither spouse owns real estate
  • There are no shared retirement accounts, and individual accounts cannot add up to more than $10,000
  • Neither spouse earns more than $30,000 in gross income per year
  • Marital property is less than $50,000 (minus debts)
  • The parties agree on how to divide all marital assets and debts in writing

If you do not meet these requirements, you must file a complex divorce and follow the traditional process.

Both uncontested and simplified divorces can be beneficial, as they require less time and money to complete. If you cannot qualify for either type of divorce, the costs of ending your marriage might be higher.

Factors that Affect the Cost of Divorce in Illinois

Many factors affect the cost of divorce, including the type of case you file. Other factors include:

  • Attorney fees
  • Filing fees
  • Professional appraisals
  • Child custody arrangements
  • Property division
  • Alimony
  • Other expenses

You can ask about the potential estimated costs of your specific divorce when you consult with our divorce attorneys.

What is the Average Cost of Divorce in Illinois

The average cost of divorce in Illinois ranges from $10,000 to $20,000, including legal fees, court expenses, and additional costs like mediation or evaluations. However, costs fluctuate significantly depending on the county. In more populous areas like Cook County, expenses tend to be higher due to increased demand and higher living costs.

The type of divorce also matters. Collaborative or mediated divorces often result in lower fees, averaging around $5,000 to $10,000, as they involve less court time and fewer disputes. On the other hand, contested divorces, especially involving complex asset division or child custody battles, can escalate costs upwards of $25,000.

Consult With An Experienced Illinois Divorce Lawyer About Your Situation

It’s imperative to consult with a local divorce attorney for precise estimates of divorce costs tailored to your specific circumstances and county. The Law Office of Bradley R. Tengler, P.C. is always transparent about your options and estimated costs. Contact us today to discuss your situation and possible divorce case.