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Filing costs in a divorce

Fees for filing a divorce

You will usually have to pay 2 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 making sure your spouse has been notified of the divorce. This is called "serving the divorce papers." Usually this involves having a sheriff'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. The county circuit clerk charges a fee to file these court papers.

If you choose to not 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 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.

Last full review by a subject matter expert
April 24, 2020
Last revised by staff
May 24, 2020

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