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? Here are the main pros and cons of both. Learn more to determine if a lawyer is right for you. Don't forget about the pros and cons of each. We'll also discuss the differences between contested and uncontested divorces.
While the costs of uncontested and contested divorces are very different, they all follow the same principles. Uncontested divorces are easier to handle, but it's more costly to file for trial. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. A trial can resolve disputes about child support, property division, maintenance of property, pensions, or child support. These costs can lead to a greater 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 the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. 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. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. Although an attorney may be able to protect your rights, hiring an attorney can add considerable costs to your divorce proceedings. One study revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
Time Required For A Divorce
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. Although both are legal, uncontested divorces tend to be less expensive. However, uncontested divorces are not for everyone. Even if you and your spouse have agreed to file for a divorce, this doesn't mean that it's going to be a breeze. If you and your spouse disagree on any significant issues, you should hire the services of an attorney. In some cases, you may even be able to get the divorce without a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Each divorce is unique, so time frames can vary greatly. Some divorces are quick and simple, taking less than six weeks. Some divorces can take several months to complete. It could take longer if your spouse is slow to complete paperwork. In any case, a lawyer may prove 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 divorce usually involves more stress which leads to both parties spending more time and money.
Am I Required to Hire a Lawyer for a Uncontested or Contested 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 can be less expensive and stressful than contested ones. They also tend to maintain the relationship between the parents. 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. 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. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require a waiting phase before a divorce decree 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. Most often, this includes a settlement agreement and division of marital debts and assets. The judge will approve the final divorce decree after the divorce is finalized. The cost for an uncontested divorce will be low. In many states, a divorce lawyer costs as little as $200.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below