We just need a simple divorce. How much will it cost?

The only honest answer is “I don’t know.” Any lawyer who quotes a flat amount is either inexperienced or deceptive. If indeed you and your spouse have agreed on everything, and nothing has to be communicated or negotiated – much less investigated or litigated – you may be able to keep lawyer expenses under $1000; but that is unrealistic. Even the simplest cases usually involve “unexpected” additional back-and-forth regarding procedures, changes that the other spouse or his/her lawyer demands, and the disagreements that so often do arise. And then what was so simple, simply “ain’t.”

We tell new and prospective clients the costs of specific processes that may come into play over the course of a divorce – the potential developments that make it impossible to predict the final fee.

Here are some of the cost components that are important to know:

• “Simple” Divorce (Cook County, Illinois procedure):
  You hand your lawyer a single, one-sided sheet of paper with the terms of settlement already signed by both you and your spouse. The lawyer’s assistant prepares a Petition for Dissolution of Marriage. The lawyer’s clerk files it, pays the fee, and sends a copy to your spouse or his/her lawyer, along with an Appearance form, to be signed and submitted. Next the agreed-upon terms are incorporated into a Marital Settlement Agreement and sent, along with two other forms, to the other party to be signed. If all continues to go seamlessly, your lawyer schedules a prove-up, when you will stand before the judge and testify that everything in the Petition is true and that the signatures are authentic. The judge can sign the Judgment for Dissolution of Marriage that very day, and the process is over. Total costs: approximately $1000 in court costs (fees, court reporter time, etc.) and approximately $700 in lawyer fees (depending on rates for lawyers and support staff).
• Any negotiations will incur more fees.
• Disputes that make a court appearance necessary easily may run $1000 for initiating and reviewing paperwork and $1000 for preparing for and conducting a court hearing – for each disputed issue.
• In contested cases, the discovery process for collecting needed information can cost thousands of dollars if the court has to intercede to compel cooperation.
• If the case remains unsettled for a period, the judge is likely to conduct a settlement or “pre-trial” conference, in which the lawyers present their positions and the judge makes non-binding recommendations. This could cost $2000 in preparation and appearance time.
• Then, of course, the parties could be headed for a trial – which easily can run into the tens of thousands of dollars in preparation time, payments to experts, copying costs, and many other expenses. Most divorces end in a settlement without a trial – but when a case does go to trial, the costs escalate.

For the sake of your bank account and your children’s college education funds – as well as everyone’s mental health – you’ll want to keep things as amicable as possible and reach an agreement as quickly as possible. No one can predict the future, but good lawyers will protect your interests while guiding you to as prompt and low-cost a resolution as possible. Our reputations depend on it.

Robert K. Downs is a partner with Chicago, IL family law firm Downs Law Offices.