Factors that affect the cost:
- Whether you and your spouse have children
- Whether you can agree on a shared parenting arrangement
- How cooperative or argumentative your spouse is during the process
- Whether you have personal property to divide
- How much you and your spouse can agree on overall — the more agreement, the more you can potentially save
This depends on several variables, including whether you have children, the actions of your spouse, and personal property to divide. If you have children and cannot agree on a shared parenting agreement, it can be expensive. If your spouse simply wishes to argue about everything, it can be costly. If you have personal property and cannot agree on its division, it can be expensive. However, the more items you and your spouse can agree upon, the more money you might be able to save.
Other issues that may make your divorce more expensive include highly emotional variables such as if your spouse has a personality disorder, if your children with health needs, and if alimony or maintenance is at issue. However, with experienced lawyers on both sides, your legal separation or divorce can be amicable and reasonably priced.
If you are filing for divorce in the state of Illinois, you can expect to pay filing costs of anywhere from $250 to $388 to get the legal process rolling. The best advice is always to check with your Cook County divorce attorney Robert M. Kaplan.
There are different types of divorce, and the least expensive is called a joint simplified dissolution procedure. Couples who make less than $60,000 combined gross income and who have not been married for more than eight years and have no children together might be eligible for this type of divorce.
Often couples who are filing jointly for separation can file at a lower fee if they agree on such items as maintenance (aka alimony) and child support and child custody* arrangements. It is worth noting that a divorce involving children will always be a bit more expensive than one in which no children are involved.
Couples might avoid a court date altogether if they can agree in writing to a plan. If they cannot agree in writing, they might decide to jointly pay for mediation by hiring a lawyer who specializes in this.
With joint petitions, there will only be one filing fee. However, if you are filing for yourself, your spouse will need to be served a copy of the papers, and there might be additional expenses for this.
If you decide you need to hire a divorce attorney, there will be additional costs for this beyond any court or filing fees.
Whether you want to modify visitation or custody hours or have had a change in income and wish to re-examine your child support arrangement, we can help.
Modifications are typical when there has been a significant change in circumstances. We will evaluate your situation, give you straightforward advice, and assist you in obtaining a modification in the greater Chicago area.
*In the state of Illinois, the term “child custody” and “visitation” are no longer formally used and are being replaced by “parenting time” and “parenting responsibilities.”
How do I change or modify my custody visitation order?
If there has been a substantial change in circumstances since your divorce judgment was entered, either because of changes in your children’s lives or changes in your life, then you may have grounds to seek to modify the judgment. The first step is to file a petition to modify alleging a substantial change in circumstances with the court. Issues related to your children are always modifiable. Maintenance or alimony is sometimes modifiable. Properly done property settlements are never modifiable unless an error occurred in drafting or a fact was not disclosed at the time of entry of judgment (i.e., a hidden asset is later uncovered). To determine whether your instrument is modifiable, you should consult a lawyer.
We also represent clients in establishing the existence of a parent-child relationship and all related matters, including visitation and support. If you have questions about paternity issues, call our law office today to speak to a knowledgeable family law attorney in Schaumburg.
We assist parties in negotiating and drafting prenuptial arrangements designed to outline their respective financial rights and obligations and protect their personal property.