How much will my divorce cost?

Written By Simon Hotz

A question I am frequently asked by potential clients is “How much will a divorce cost me?” Although I do not avoid such questions, it is not particularly easy to answer. My inevitable response of “that depends” may not seem particularly helpful to someone seeking definitive advice, even though the response is true.

It is difficult to truly anticipate how much someone may spend to get through a divorce; however, there are several predictable expenses associated with the process, including the following:

  • Filing fees

    • Fee paid to the clerk of court by each party to participate in the case

    • Actual cost varies depending on county of filing (i.e., Cook County, Illinois = $337 for filing party, $206 for responding party)

  • Parenting course fees

    • Fee paid by each parent in divorces involving a minor child

    • Cost varies depending on county of filing (ranges from approximately $25 to $75 per party)

  • Court reporter’s fees

    • Paid after the court approves the parties’ agreement or following a trial (usually paid by the petitioner/plaintiff)

    • Cost varies depending on length of court hearing

After payment of these predictable costs, any additional expenses of getting divorced can vary significantly from one case to another. When difficult issues must be addressed, the cost of the divorce is likely to be greater. Such issues may include complex compensation structures, self-owned businesses, the presence of abuse, unique assets/liabilities, and any disabilities of either party and/or a child, to name a few.

While the concept may seem obvious, the more areas upon which divorcing spouses can find common ground and negotiate in good faith, the less money they will spend getting divorced. Agreements can be reached directly between the parties, via mediation, or with the assistance of attorneys - or as a combination of more than one of these approaches.

So what can you do to increase the likelihood of reaching an agreement while simultaneously minimizing the cost of the divorce process? Here are a few tips:

  • Do not play games with your financial disclosures

    • Complete a Financial Affidavit in an accurate and timely fashion

    • Be prepared to turn over financial records to support the Financial Affidavit, including but not limited to:

      • Personal and corporate tax returns

      • Bank and other financial account statements

      • Retirement account statements

      • Credit card statements

  • Remember that if you have children, divorcing the other parent does not end your relationship with her/him

    • You will probably need to make decisions with your ex-spouse that impact your child(ren) for years

    • You will probably attend events for your child(ren) where your ex-spouse will also be present

  • Consider the needs of everyone involved (i.e., the child(ren), the other party, and yourself)

    • When children are impacted, place the child(ren)’s interests first

  • Be open to flexibility when possible

Working together to reach a comprehensive agreement is not always possible, but it should be the goal in almost all divorces. Even if a full agreement cannot be reached, finding common ground on some issues should be encouraged. Of course, you should have an attorney review and provide legal advice regarding any agreement before seeking a judge’s approval of same to ensure that you are fully aware of your rights and how the terms you have agreed upon might impact those rights.

(NOTE: The point of this post is to consider the direct monetary expense of getting divorced. It is acknowledged that divorce is regularly responsible for numerous other financial, psychological and emotional repercussions not addressed here.)

Simon Hotz