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 are unsure if hiring a lawyer to represent them in a contested or uncontested divorce will help save time and money. But, is it really necessary? 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. You should also consider the other benefits and drawbacks of each. We'll also cover the differences in uncontested and contested divorces.
How Much Will A Divorce Cost?
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 fees for attorney and court are the same. However, contested divorces can be more costly. 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.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. 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. You should know that mediation might not be the best choice for all situations.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. A contested divorce costs more than $10,000 including attorney fees and court costs. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
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. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces aren't for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. 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. The timeframe for divorce can vary depending on the circumstances. Some divorces are easy and quick, lasting less than six week. Others may take many months to resolve. It could take longer if your spouse is slow to complete paperwork. In any case, a lawyer may prove necessary.
The main difference between uncontested and contested divorces is their length. If one party refuses negotiation, the whole process could take months or even years. However, uncontested divorces are much more straightforward because no one disputes anything. This type of divorce is more stressful and requires both the parties to invest more time and money.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces in states that require a divorce lawyer are much easier to obtain. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. Most people hire a lawyer to help them with contested divorces.
Before you can decide whether to hire an attorney, it is important to understand the laws governing divorce. In many states, a final hearing must be held before a divorce is 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 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. 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 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