There are two questions that divorce lawyers cannot easily answer:
- How much will it cost?
- How long will it take?
That’s because almost all divorce cases are unique.
The only real answer is that family-law courts in Illinois attempt to put significant pressure on cases to settle or be resolved after 1.5 years.
The primary driver of costs in a family law case is the parties’ litigiousness. I urge clients and other lawyers to read Bill Eddy’s books. He is a psychologist and lawyer who writes extensively for other lawyers. He states that the primary driver for cases that have to be tried is when one spouse or parent has a high-conflict personality. These can break down into certain types referred to as “Cluster B.” This Cluster includes antisocial, borderline, and narcissistic personalities. Think of these personality types as spectrums, with some individuals having certain Cluster B traits while others might have full-fledged personality disorders.
Bill Eddy recommends developing a “private working theory” of one’s spouse’s personality type, as certain tools can help a client navigate a case involving a high-conflict spouse. In a divorce or paternity case, the client can only control themselves. That means: one controls only what one does and how one responds.
If litigation is necessary, fee petitions at the conclusion of the case can, to a degree, address the overly litigious divorcing spouse. An overlooked provision in Illinois divorce law states:
If at any time a court finds that a hearing under this Act was precipitated or conducted for any improper purpose, the court shall allocate fees and costs of all parties for the hearing to the party or counsel found to have acted improperly. Improper purposes include, but are not limited to, harassment, unnecessary delay, or other acts needlessly increasing the cost of litigation.
We are beginning to see a body of caselaw that penalizes a lawyer when he or she is a partner with an overly litigious client who adopts “scorched earth” strategies that serve mainly to drive up the cost of representation. This is a welcome development that can be of aid in some high-conflict divorce cases.
I drafted the forward for an excellent book that focuses on what really drives the cost of divorce: “I Just Want This Done: How Smart, Successful People Get Divorced Without Losing Their Kids, Money, and Minds.” Read this book. It may help you achieve a less costly divorce or parentage case—understanding how to work effectively with your divorce lawyer and best navigate the system!
