What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
Are you unsure if you should hire a lawyer in Contested or Uncontested Divorce cases?
Many people wonder if they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. Is it really necessary? These are the main benefits and drawbacks of each. You can decide if hiring a lawyer in your specific situation by reading the following. Don't forget about the pros and cons of each. We'll also discuss the differences between contested and uncontested divorces.
Divorce Cost
While the costs of uncontested and contested divorces are very different, they all follow the same principles. An uncontested divorce is simpler to finalize, but it can cost more to file for a hearing. While attorney fees and court costs are generally the same, a contested divorce may 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. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. But mediation may not always be the best option in every case.
Although both contested or uncontested divorces can be costly, uncontested are typically the most 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. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.
How Long Does A Divorce Take to Settle?
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. Both divorces are legal but the first is cheaper. Uncontested divorces, however, are not for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. In some cases, you might even be able get divorce without the assistance of a lawyer.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces can be completed in less than six weeks. Others may take many months to resolve. If your spouse is slow to return paperwork, it could take much longer. In both cases, a lawyer may be necessary.
The length of the divorce process is the most noticeable difference between contested and unsuspected. 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 of divorce typically involves a lot more stress, which means that both parties have to spend more time and money on the divorce.
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. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
Before you can decide whether to hire an attorney, it is important to understand the laws governing divorce. Many states require a final hearing before a separation can be made final. If both parties are happy with the settlement, the divorce proceedings can be finalized. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting period before a divorce can be finalized.
An uncontested divorce requires cooperation from both sides. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. Typically, this involves a settlement and division of marital estates and debts. After the divorce is final, the judge will review the agreement and approve the final divorce decree. The uncontested divorce is relatively affordable. A lawyer can cost as low as $200 in many states.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below