Yes. But a better question is: Should you get a divorce without a lawyer?  

Illinois divorce law is complicated and nuanced. Unless you are a divorce lawyer yourself, without obtaining proper legal advice, you may make legal and financial mistakes you don’t even realize you’re making. Consulting with an Illinois divorce lawyer before you get a divorce is always wise. 

No. 

No lawyer, in Illinois or any other state, can represent BOTH you and your spouse in the same case. When you hear people say, “We used the same lawyer,” what that really means is the lawyer represented one of them and the other one went without a lawyer. 

Yes, but it’s not automatic and it's not always easy. 

Illinois (like many other states) has divorce laws aimed at “leveling the playing field” between spouses who are in unequal financial positions in a divorce. Those laws allow one spouse to get attorney’s fees from the other spouse, both during a divorce and at the end of a divorce. 

But NO ONE wants to pay their spouse’s attorney’s fees in a divorce! So, getting your spouse to pay your attorney’s fees generally involves a fight. 

If you and your spouse can't agree on who pays your attorney's fees in your divorce, then that will be an issue for the judge to decide. Judges have discretion in whether to grant attorney's fees or not. They also have discretion about the amount of attorney’s fees they will order your spouse to pay. Nothing is absolute or guaranteed. 

Yes! Mediators are neutral. Lawyers are not. 

Mediators can’t give either you or your spouse legal advice, even if they are lawyers! Lawyers, on the other hand, are hired to give you legal advice and counsel. 

In most cases, mediators won’t draft all of the legal documents you need to complete your divorce. A mediator will generally write up the terms of your agreement and put them into a mediated settlement agreement. However, that agreement is only one of the documents you will need to complete your divorce. 

A mediator will also not file your documents in court for you. A mediator will not appear in court with you or get you through the court system. Those are things that only an Illinois divorce lawyer can do for you. 

The type of divorce lawyer you need depends on the type of divorce process you plan to use. Mediation, litigation and negotiation are all distinct skill sets. Lawyers who are great in court may not be as good in a mediation. Therefore, it’s important to match the divorce process you plan to use with the skill set of the lawyer you hire. 

In a perfect world, you should choose your divorce process FIRST, then hire a lawyer who specializes in that process. Hiring the lawyer first means you will use whichever divorce process that particular lawyer excels at NOT the divorce process you would necessarily like to use. 

Most Illinois family lawyers charge by the hour for the work they do. That hourly rate usually ranges from $350 - $950 per hour, depending on the amount of experience and expertise a particular lawyer has, as well as the county they practice in. 

Illinois divorce lawyers generally take a retainer from you upfront. A retainer is an advance payment you make for your attorney’s fees. The lawyer then bills by the hour against the retainer. 

When your retainer has been used up, your Illinois divorce lawyer will either ask you for another retainer or will expect you to pay your bill monthly when it is due. 

Some Illinois attorneys will charge a flat fee for a simple uncontested divorce. But, if you later start to fight, you will also start to pay that lawyer by the hour for his/her time.