There are many different factors that go into the costs of a Will County divorce, and it is important to determine what would work best for your current financial situation. Keep in mind that these expenses will ultimately depend on how you wish to file your case, either on your own, with an attorney, or through a contested trial. Read on to learn more about what goes into the different costs of a Will County divorce, as well as the ways a skilled family attorney could offer you their assistance today.
If you and your spouse wish to go through the divorce on your own, the only cost incurred will be your time and court filing costs. In addition, each county has different filing fees. When looking for ballpark estimates, individuals should budget between $400 and $500 to file and get the other party served with the papers. You can ultimately save some money if both parties are cooperating.
You do not need to get the other party served with a summons and, depending upon what county you are in, you can utilize the sheriff’s department or a private process server. This service would range from $75 to $100 or more depending on the other party’s willingness to cooperate when it comes to being served. However, if your spouse is willing to go to court and cooperate, you can both can skip hiring a process server altogether, and that will also save you a little bit of money.
If you are considering filing on your own, a skilled family attorney can offer what is called a case assessment, which is a one-time charge. It is a flat-rate charge of $400, and the lawyer will meet with you to discuss your case. During a case assessment, a lawyer will go over the entire case, what forms you would need to fill out, what to expect, where to go, and how to file it. If you are unsure of your rights and feel like the other side is taking advantage of you, then you should absolutely have a lawyer in your corner. However, if you are comfortable with everything and have divided your assets in a way that you believe is fair, you always have the right to proceed alone.
If you wish to hire an attorney, an uncontested divorce will cost approximately $2,500 to $3,500 depending upon whether or not there are children involved. That would presume that the parties have a generalized agreement that needs to be formalized, having an attorney draft all the documents necessary, file the documents on their behalf, and show up in court.
If the issues in a divorce case are more contested, then the case is going to cost a lot more. This is because the more time that you are spending in court with your attorney, the more it will cost because events are being dragged out and debated. If the attorney needs to find out more information, if they are issuing interrogatories, if they are responding to or issuing a notice to produce, it will cost more. It will also be more expensive if the parties need to have temporary motions heard by the court.
The basic premise is that both parties are responsible for the payment of their attorney’s fees unless one party cannot pay for them for whatever reason. In certain circumstances, one individual can be ordered to pay the attorney’s fees of both parties. Everything is fact-specific, so every case is different. Assuming both parties have income, access to income, or access to credit, then each party typically pays their own fees. If one party controls the purse-strings and the other party does not, the court may order the party controlling the money to pay attorney’s fees to the other side.