Family & Safety

Fees for filing a divorce

You will usually have to pay two fees to get a divorce in Illinois:

• The fee to file a case: The filing fees are different from county to county. Contact your circuit clerk to find out the cost of filing a divorce case.
• Cost for notifying the spouse: You must pay the cost of notifying your spouse of the divorce. This is called "serving the divorce papers." Usually, this involves having a sheriff A county officer who can serve people with summons. They can evict someone with a court order. 's deputy personally hand a copy of the divorce papers to your spouse. If your spouse cannot be found, there are other ways to have them served. Learn more about serving a summons.

Fees for responding to a divorce

If you have been served with divorce papers, you may choose to participate in the divorce case. You need to file court papers called an Appearance and an Answer. You may also want to file a counter-petition (noun) A written request to a court (verb) To request from a court . The county circuit clerk charges a fee to file these court papers.

If you choose not to participate in the case, the case will go on without you. The judge will make decisions based on what the other spouse says. 

Learn more about responding to a divorce case.

Fees during the divorce case

As the divorce process goes on, there may be other fees. For example, the judge may order mediation When a neutral person, called a mediator, works to help the parties in a case reach an agreement for the spouses. For spouses with kids under 18, the required parenting class costs money. Any additional motions the spouses file with the court could also cost money.

Fee waivers

If you cannot pay the fees, you can ask the judge to allow you to go ahead without paying. You need to prove you have limited income. Learn more about filing court papers for free.

Fees for a lawyer

You are not required to hire a lawyer Someone who represents clients in courts or who gives legal advice to file for a divorce. You may represent yourself during the process. If you decide not to hire a lawyer, you should be aware that the judge cannot provide you with legal advice. Many people will consult with a divorce lawyer to help with the paperwork and filing expenses. Learn more about how lawyers charge for their services.

Domestic Violence

If you are a survivor of domestic violence Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury , please consider obtaining an Order of Protection before filing for divorce to ensure the safety of yourself and your children. An emergency Order of Protection may go into effect immediately without informing your spouse if doing so would jeopardize your safety. Learn more about filing an Order of Protection.