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 they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. But, do they really need to? Let's look at the pros and cons 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 will also talk about the differences between uncontested and contested divorces.
Cost of a Divorce
Although the costs of a divorce is more expensive than one that is uncontested, they are still affordable. A contested divorce is less complicated, but it is more expensive to have a trial. The attorney fees and court fee are usually the same. However, a divorce that is contested can lead to additional costs. There are many issues that can be litigated during a trial. They include child support, maintenance, pensions and property division. The cost of these items can also increase the couple's final divorce settlement.
Mediated divorce is best for a happy marriage where neither side is trying to hide anything. Mediating can help you and your spouse reach a mutually beneficial settlement agreement before you file for divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. However, you should be aware that mediation may not be the best option for every situation.
Uncontested divorces, while more expensive than contested ones, are usually the most affordable. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. Hiring an attorney can also add significant costs to your divorce, although an attorney can protect your rights. 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. Even if you and/or your spouse have made an agreement to file for divorce it does not mean that it will be easy. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. You may be able even to divorce your spouse without the help of a lawyer in some cases.
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 can be completed in less than six weeks. Others may take many months to resolve. It could take longer if your spouse is slow to complete paperwork. In these cases, it may be necessary to hire a lawyer.
Uncontested and contested divorces are distinguished by the length of the proceedings. If one party refuses negotiation, the whole process could take months or even years. On the other hand, an uncontested divorce can go through relatively quickly, because no one is disputing anything. This type is often more stressful, so both sides will have to spend more time and more money.
What Is The Requirement to Hire a Lawyer for Contested vs Uncontested Divorce?
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces are less common in states that require lawyers to file for divorce. Uncontested divorces tend to be less costly and involve less stress. Most people hire a lawyer to help them with contested divorces.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. A final hearing is required in many states before a divorce can become final. The divorce can be finalized if the parties reach an agreement on the settlement. If there is no final hearing required, a judge can sign the judgment. Some states require that a waiting period be allowed before a divorce can take place.
The cooperation of both the parties is required for uncontested divorces. In an uncontested divorce, both parties agree on the major terms of the divorce, including child custody and support. This usually involves a settlement agreement, the division of marital assets, and debts. After the final divorce decree is approved, the judge will read the agreement and sign it. The cost of the uncontested divorce is 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