Illinois Divorce Filing Fees by County (2024 Updated)

When clients walk into my office contemplating divorce, one of their first questions is invariably about cost. "How much will it cost to file for divorce in Illinois?" It's a practical concern that deserves a straightforward answer. After handling hundreds of divorce cases across Illinois counties, I've seen how filing fees can impact families already facing financial strain. This comprehensive guide breaks down exactly what you'll pay to file for divorce in Illinois's major counties, how to potentially waive these fees, and what other costs to anticipate.

Table of Contents

1. Understanding Illinois Divorce Filing Fees
2. Cook County Divorce Filing Fees
3. DuPage County Divorce Filing Fees
4. Lake County Divorce Filing Fees
5. Will County Divorce Filing Fees
6. Kane County Divorce Filing Fees
7. Fee Waiver Process in Illinois
8. Additional Divorce Costs Beyond Filing Fees
9. Strategic Considerations for Filing Location
10. Common Mistakes That Increase Costs
11. When to Hire an Attorney Despite the Cost
12. Frequently Asked Questions

Understanding Illinois Divorce Filing Fees

Illinois divorce filing fees represent the court's administrative costs for processing your case. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), 750 ILCS 5/101 et seq., each judicial circuit sets its own fee schedule within statutory guidelines. These fees cover the initial petition filing, case management, and basic court services.

The base filing fee typically includes:

• Processing your Petition for Dissolution of Marriage
• Assigning a case number and judge
• Maintaining court records
• Basic administrative services

What many people don't realize is that filing fees are just the beginning. The total cost of divorce often includes service fees, motion fees, and various administrative charges that accumulate throughout the process. Understanding these costs upfront helps you budget appropriately and avoid financial surprises.

Why Counties Charge Different Fees

Each Illinois county operates its own court system with unique budgetary requirements. Urban counties like Cook typically charge higher fees due to increased operational costs and case volume. Rural counties often maintain lower fee structures but may have fewer resources available for case processing.

The Illinois Supreme Court provides guidelines through Supreme Court Rule 298, but individual circuits retain discretion in setting specific amounts. This autonomy results in the fee variations you'll see across counties.

Cook County Divorce Filing Fees

As Illinois's most populous county, Cook County processes more divorce cases than any other jurisdiction in the state. The current filing fees reflect both the volume and complexity of cases handled by the Cook County Circuit Court.

Current Cook County Filing Fee Structure (2024)

• This covers the initial filing and case initiation
• Includes first appearance fee
• Non-refundable once filed

• Required when the respondent files their appearance
• Due within 30 days of service

• Applies to most post-filing motions
• Emergency motions may incur additional fees

Cook County Suburban Districts

Cook County's suburban courthouses in Skokie, Maywood, Bridgeview, Markham, and Rolling Meadows charge identical fees to the downtown Chicago location. However, processing times and judicial availability may vary by location.

I've noticed that cases filed in suburban Cook County locations often move more quickly through the initial stages due to lower case volumes. If you're looking to file for divorce in Illinois and live in Cook County, consider which courthouse location best serves your needs.

Additional Cook County Fees

Beyond base filing fees, Cook County charges for:

• Certified copies: $9 for the first page, $1 for each additional page
• Alias summons: $60 (if initial service fails)
• Subpoenas: $65 per subpoena
• Court reporter fees: Varies by length of hearing

DuPage County Divorce Filing Fees

DuPage County, Illinois's second-most populous county, maintains a fee structure slightly lower than Cook County while still reflecting its status as a major suburban jurisdiction.

Current DuPage County Filing Fee Structure (2024)

• Includes case initiation and first appearance
• Electronic filing available through approved vendors

• Due upon filing appearance or answer
• Can be combined with counter-petition filing

• Standard fee for most motions
• Fee waived for certain emergency motions

DuPage County E-Filing Considerations

DuPage County mandates electronic filing for most divorce cases. While this streamlines the process, it adds vendor fees:

• E-filing convenience fee: $7-15 per filing
• Service fees: Additional charges for electronic service
• Document preparation fees: If using vendor services

The e-filing requirement particularly impacts those pursuing a pro se divorce in Illinois, as they must navigate the electronic system without attorney assistance.

Lake County Divorce Filing Fees

Lake County offers a middle ground in terms of filing fees, balancing accessibility with court funding needs.

Current Lake County Filing Fee Structure (2024)

• Standard filing fee for all divorce cases
• Includes case management fee

• Required for respondent participation
• Covers initial court appearances

• Sheriff service: $75 within Lake County
• Publication service: $150-300 (when personal service fails)
• Motion fees: $45 per standard motion

Lake County Special Programs

Lake County offers several programs that can reduce overall divorce costs:

• Early case management conferences: Free scheduling
• Court-sponsored mediation: Reduced fee program available
• Self-help center: Free assistance with form completion

Will County Divorce Filing Fees

Will County maintains competitive filing fees while providing comprehensive court services.

Current Will County Filing Fee Structure (2024)

• Among the lower fees in the Chicago metropolitan area
• Includes administrative processing

• Required with appearance
• Can file counter-petition without additional fee

• Standard motions: $40
• Emergency motions: $50
• Prove-up hearings: No additional fee

Will County Cost-Saving Opportunities

Will County's fee structure makes it particularly attractive for uncontested divorce in Illinois. The county's streamlined prove-up process for agreed cases can significantly reduce attorney time and associated costs.

Kane County Divorce Filing Fees

Kane County provides cost-effective filing options while maintaining quality judicial services.

Current Kane County Filing Fee Structure (2024)

• Lowest among major Chicago-area counties
• Full service despite lower fees

• Basic appearance fee
• Additional fees for counter-claims

• Motions: $35 per filing
• Certified copies: $5 first page, $0.50 additional pages
• Contempt petitions: $50

Kane County Judicial Efficiency

Despite lower fees, Kane County maintains efficient case processing. The county's investment in technology and case management often results in faster resolution times, potentially reducing overall legal costs.

Fee Waiver Process in Illinois

Illinois law recognizes that court fees can create barriers to justice. The fee waiver process, governed by 735 ILCS 5/5-105, provides relief for qualifying individuals.

Eligibility for Fee Waivers

You may qualify for a fee waiver if:

1. Receiving public benefits:

• SNAP (food stamps)
• TANF
• SSI
• Medicaid
• Other means-tested benefits

1. Income below 125% of federal poverty guidelines:

• Single person: $18,210 annually
• Family of four: $37,650 annually
• Adjusted yearly for inflation

1. Extreme financial hardship:

• Medical expenses
• Unemployment
• Other documented hardships

Fee Waiver Application Process

The application process involves several steps:

1. Complete Application for Waiver of Court Fees

• Use the Illinois Supreme Court-approved form
• Include detailed financial information
• Attach supporting documentation

1. File with initial petition or promptly thereafter

• Can file simultaneously with divorce petition
• Court reviews within 30 days

1. Attend hearing if required

• Judge may grant waiver without hearing
• Be prepared to explain financial circumstances

What Fees Can Be Waived?

Fee waivers typically cover:

• Filing fees
• Service fees (sheriff or publication)
• Transcript costs for appeals
• Certified copy fees

Fee waivers do NOT cover:

• Attorney fees
• Guardian ad litem fees
• Expert witness costs
• Mediation fees (unless court program)

Strategic Considerations for Fee Waivers

I've seen many clients hesitate to request fee waivers out of pride or embarrassment. Remember that this statutory right exists to ensure access to justice. The court evaluates applications objectively based on financial criteria, not personal judgments.

If your financial situation improves during the case, you must notify the court. The judge may require partial or full fee payment if circumstances change substantially.

Additional Divorce Costs Beyond Filing Fees

Filing fees represent only a fraction of total divorce costs. Understanding the full financial picture helps you budget appropriately and make informed decisions throughout the process.

Service of Process Costs

After filing, you must serve your spouse with divorce papers:

• Sheriff service: $50-100 depending on county
• Private process server: $75-200
• Publication: $200-400 (when spouse cannot be located)
• Certified mail: $15-30 (limited circumstances)

Discovery and Evidence Costs

Complex cases often require extensive discovery:

• Subpoena fees: $65-100 per subpoena
• Deposition costs: $500-2,000 per deposition
• Record copying: $0.50-1.00 per page
• Expert witnesses: $300-500 per hour

When dealing with digital privacy in divorce, costs can escalate quickly if forensic examination of electronic devices becomes necessary.

Mediation and Alternative Dispute Resolution

Many counties encourage or require mediation:

• Court-sponsored mediation: $100-300 per session
• Private mediation: $200-500 per hour
• Collaborative divorce: $5,000-15,000 total
• Arbitration: $500-1,500 per day

Guardian ad Litem and Child Representatives

Cases involving children may require:

• Guardian ad litem: $2,000-10,000 retainer
• Child representative: $1,500-5,000 retainer
• Custody evaluations: $3,000-8,000
• Parenting coordinators: $150-300 per hour

Post-Decree Modification Costs

Divorce costs don't always end with the final judgment:

• Modification petitions: Same as motion fees
• Enforcement actions: $50-100 filing fee
• QDRO preparation: $500-1,500
• Appeal filing fees: $350-500

Strategic Considerations for Filing Location

While you must file in the county where you or your spouse resides, understanding venue rules can impact costs.

Venue Requirements Under IMDMA

Section 104 of the IMDMA establishes venue requirements:

• File where either party resides
• 90-day residency requirement
• Can transfer venues in certain circumstances

Cost Implications of Venue Choice

When both parties live in different counties, consider:

• Filing fees: Up to $93 difference between counties
• Travel costs: Attorney fees for travel time
• Local counsel: Additional expense if attorney unfamiliar with county
• Processing times: Affects duration and associated costs

Tactical Venue Considerations

Beyond pure cost, venue affects:

• Judge assignment: Some counties use single-judge systems
• Local rules: Varying requirements for documentation
• Settlement conferences: Mandatory in some jurisdictions
• Case backlog: Impacts timeline to resolution

Common Mistakes That Increase Costs

Through years of practice, I've observed patterns of costly mistakes clients make during divorce proceedings.

Filing Errors and Amendments

Common filing mistakes include:

• Incorrect forms: Using outdated or wrong forms
• Missing information: Requiring costly amendments
• Improper service: Necessitating re-service
• Jurisdictional errors: Filing in wrong county

Each mistake typically adds $50-200 in fees plus attorney time to correct.

Unnecessary Motion Practice

Some parties file excessive motions:

• Premature motions: Before attempting resolution
• Redundant requests: Multiple motions for same relief
• Improper emergency motions: When no true emergency exists

Each unnecessary motion wastes $40-60 in filing fees plus substantial attorney fees.

Discovery Disputes

Discovery conflicts rapidly escalate costs:

• Over-broad requests: Leading to objections and motions
• Non-compliance: Resulting in contempt proceedings
• Fishing expeditions: Seeking irrelevant information

A single discovery dispute can add thousands in legal fees.

Failure to Comply with Court Orders

Non-compliance triggers enforcement costs:

• Contempt proceedings: $50-100 filing fee plus attorney fees
• Rule to show cause: Additional hearing costs
• Sanctions: Monetary penalties
• Attorney fee awards: Paying opposing counsel's fees

Emotional Decision-Making

Letting emotions drive decisions proves expensive:

• Refusing reasonable settlements: Prolonging litigation
• Vindictive actions: Creating unnecessary conflict
• Principle-based positions: On minor issues
• All-or-nothing approaches: Missing compromise opportunities

I often remind clients that the most expensive divorce is one driven by emotion rather than practical considerations.

When to Hire an Attorney Despite the Cost

While filing fees seem manageable, the complexity of divorce often justifies attorney representation despite the added expense.

Cases Requiring Attorney Representation

Certain situations demand professional legal counsel:

• Business ownership interests
• Multiple real estate properties
• Retirement account division
• Stock options or restricted stock units
• Debt allocation disputes

• Custody disputes
• Relocation requests
• Special needs children
• Allegations of abuse or neglect
• Complex parenting time schedules

• Domestic violence history
• Substance abuse allegations
• Hidden assets suspected
• International elements
• Mental health concerns

Cost-Benefit Analysis of Attorney Representation

Consider potential savings from attorney involvement:

• Avoiding costly mistakes: Proper filing and procedure
• Efficient resolution: Reducing prolonged litigation
• Asset protection: Ensuring fair division
• Future cost prevention: Proper drafting avoids modifications
• Stress reduction: Professional handling of conflict

Limited Scope Representation Options

If full representation seems unaffordable, consider:

• Document review: Attorney reviews your self-prepared documents
• Coaching services: Guidance without court appearances
• Specific issue representation: Attorney for certain hearings only
• Settlement assistance: Help negotiating final terms

Many attorneys, including our firm, offer limited scope options to make representation more accessible.

When Self-Representation Makes Sense

Some cases suit self-representation:

• Truly uncontested divorces
• No children involved
• Minimal assets and debts
• Both parties agree on all terms
• Strong ability to follow procedures

Even in these cases, consider at least consulting an attorney to review your agreement before filing.

Frequently Asked Questions

How much does it cost to file for divorce in Cook County?

The current filing fee for a Petition for Dissolution of Marriage in Cook County is $388. This covers the basic filing and case initiation. The responding party pays an additional $251 appearance fee. Remember to budget for additional costs like service fees ($50-100), motion fees ($60 each), and certified copies ($9 for the first page).

Can I get divorce filing fees waived in Illinois?

Yes, Illinois law provides for fee waivers under 735 ILCS 5/5-105. You may qualify if you receive public benefits (SNAP, TANF, SSI, Medicaid), have income below 125% of federal poverty guidelines, or can demonstrate extreme financial hardship. File an Application for Waiver of Court Fees with your initial petition. The court typically decides within 30 days.

What other costs should I expect beyond filing fees?

Beyond filing fees, anticipate costs for service of process ($50-200), discovery expenses (depositions can cost $500-2,000 each), mediation ($100-500 per session), and potential guardian ad litem fees ($2,000-10,000) if children are involved. Attorney fees typically range from $200-500 per hour. Even in an uncontested case, total costs often reach $1,500-3,000.

Does it matter which county I file in for cost purposes?

Yes, filing fees vary significantly by county. Kane County offers the lowest fees at $295, while Cook County charges $388. However, consider total cost implications including travel, attorney familiarity with local courts, and processing times. You must file where you or your spouse has resided for at least 90 days.

Are divorce filing fees tax deductible?

No, divorce filing fees and legal fees are generally not tax deductible under current tax law. The Tax Cuts and Jobs Act of 2017 eliminated the deduction for personal legal fees. However, fees related to tax advice during divorce or obtaining alimony (for divorces finalized before 2019) may have limited deductibility. Consult a tax professional for specific guidance.

How can I minimize the overall cost of my divorce?

To minimize divorce costs: consider an uncontested divorce in Illinois if possible, gather all financial documents before filing, respond promptly to all requests, avoid unnecessary motion practice, consider mediation over litigation, and be realistic in negotiations. Even paying for a few hours of attorney time upfront can save thousands by avoiding procedural mistakes.

What happens if I can't afford to pay divorce costs during the case?

If you qualify for an initial fee waiver but incur additional costs, you can request supplemental waivers. For attorney fees, some lawyers offer payment plans or accept credit cards. In certain cases, the court may order your spouse to contribute to your attorney fees under Section 501(c) of the IMDMA, particularly if there's a significant income disparity.

Do online divorce services help reduce costs?

Online divorce services can reduce costs for truly simple, uncontested cases. They typically charge $150-500 plus filing fees. However, they cannot provide legal advice, represent you in court, or handle any contested issues. Errors in documents can result in rejection, delays, and additional costs. Consider consulting an attorney even if using online services.

Taking the Next Step

Understanding divorce filing fees and associated costs empowers you to make informed decisions about your case. While the fee schedules outlined above provide a starting point, every divorce presents unique financial considerations.

Whether you're dealing with complex assets, custody disputes, or simply want to ensure your rights are protected, professional guidance can make the difference between a costly mistake and an efficient resolution. The investment in proper legal representation often pays dividends through asset protection, fair settlements, and avoiding future litigation.

If you're ready to discuss your specific situation and develop a cost-effective strategy for your divorce, schedule a consultation with our experienced team. We'll review your circumstances, explain your options, and help you understand the true costs involved in your case.

For those interested in recent developments in divorce law that may impact your case, visit our comprehensive Illinois divorce case law resource center.

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Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

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For more insights, read our Divorce Decoded blog.