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 whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. But, do they really need to? 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 talk about the differences in contested and uncontested divorcing.
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them 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. 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 affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. Mediating can help you and your spouse reach a mutually beneficial settlement agreement before you file for divorce. Some states require that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. But mediation may not always be the best option in every case.
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 revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
Will A Divorce Take A Long Time To Settle?
When you're thinking about getting divorced, you're probably wondering about the differences between a contested and an uncontested divorce. While both types of divorce are legal, the cost of the former is significantly less. 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 cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. You may be able even to divorce your spouse without the help of a lawyer in some cases.
Uncontested divorces usually last six weeks, if both you and your spouse are in agreement 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, however, require several months to resolve. It could take longer if your spouse is slow to complete paperwork. In either case, 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.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. Uncontested divorces are less common in states that require lawyers to file for divorce. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. The most common reasons to hire a lawyer for contested divorces are property division and child custody.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. Most states require that a final hearing be held before a divorcing party can legally proceed. The divorce can be finalized if the parties reach an agreement on the settlement. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require that there be a waiting period before a divorce is finalized.
Uncontested divorces are only possible with the cooperation of both spouses. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. After the divorce is final, the judge will review the agreement and approve the final divorce decree. Uncontested divorces are relatively inexpensive. 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