What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But, do they really need to? These are the main benefits and drawbacks of each. You can decide if hiring a lawyer in your specific situation by reading the following. And don't forget to check out the other pros and cons of each as well. We'll also cover the differences in uncontested and contested divorces.
Divorce Cost
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. Child support, maintenance of property, pensions, and property division can be contested in a trial, and the costs of these can increase a couple's total divorce settlement.
Mediated divorce is best for a happy marriage where neither side is trying to hide anything. Mediating can help couples reach a settlement before they file for divorce. Some states require that the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. However, you should be aware that mediation may not be the best option for every situation.
Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. One study revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
How Long Does A Divorce Take?
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. While both divorces are legal, the former is much less expensive. Uncontested divorces aren't for everyone. Although you have reached an agreement to file for divorce, it doesn't guarantee that the process will be straightforward. If you and your spouse disagree on any significant issues, you should hire the services of an attorney. In certain cases, you may be able obtain the divorce without the involvement of a lawyer.
Uncontested divorces are usually completed in six weeks if you and your spouse can agree on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces take only six weeks and are relatively quick. Others can take months to resolve. It may take longer if your spouse is slow in returning paperwork. A lawyer might be required in either case.
The biggest difference between uncontested and litigated divorces is how long it takes. If one party refuses negotiation, the whole process could take months or even years. A uncontested divorce is much easier because no one is disputing anything. This type is often more stressful, so both sides will have to spend more time and more money.
Is A Lawyer Required for Contested or Uncontested Divorce
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. Uncontested divorces in states that require a divorce lawyer are much easier to obtain. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. Many states require a final hearing before a divorce can be final. The final hearing can only be held if both the parties and the judge agree to the settlement. A judge will sign judgments in states that don't require a final hearing. Some states require that a waiting period be allowed before a divorce can take place.
Uncontested divorces require the cooperation of both parties. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. Most often, this includes a settlement agreement and division of marital debts and assets. The final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. The cost for an uncontested divorce will be low. In many states, a lawyer could cost as low as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below