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 is this really necessary? Here are the main pros and cons of both. Learn more to determine if a lawyer is right for you. Check out the pros and con of each. We will also talk about the differences between uncontested and contested divorces.
Cost of a Divorce
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. Uncontested divorces are easier to handle, but it's more costly to file for trial. The attorney fees and court fee are usually the same. However, a divorce that is contested can lead to additional costs. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. Mediation can be used to help couples reach a compromise agreement before filing for 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.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. However, a contested marriage can cost over $10,000. These costs include attorney fees, court expenses, and miscellaneous expenses. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
Time Required For A Divorce
There are two types of divorce: contested and uncontested. Although both are legal, uncontested divorces tend to be less expensive. However, uncontested divorces are not for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. You may be able even to divorce your spouse without the help of a lawyer in some cases.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are easy and quick, lasting less than six week. Others can take months to resolve. If your spouse is slow to return paperwork, it could take much longer. In either case, a lawyer may be necessary.
Uncontested and contested divorces are distinguished by the length of the proceedings. If one party refuses negotiations, the whole process can take many months or even years. On the other hand, an uncontested divorce can go through relatively quickly, 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
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. For contested divorces, the most common reasons to hire an attorney are for property division and child custody.
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 divorce can be final. If the parties agree to the settlement, then the divorce can be finalized. A judge will sign the judgment in cases that do not require a final court hearing. Some states require that there be a waiting period before a divorce is finalized.
The cooperation of both the parties is required for uncontested divorces. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. Most often, this includes a settlement agreement and division of marital debts and assets. After the divorce is final, the judge will review the agreement and approve the final divorce decree. The uncontested divorce is relatively affordable. 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