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, is it really necessary? These are the main pros of both. To determine whether hiring a legal professional is appropriate for your case, read on. 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.
Divorce Cost
While the costs of uncontested and contested divorces are very different, they all follow the same principles. While an uncontested divorce is easier to get through, it costs more to file for 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.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. 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. Mediation may not be the best solution for every case.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. A contested divorce costs more than $10,000 including attorney fees and court costs. An attorney can be costly, but it can help you 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.
Time Required For A Divorce
You may be wondering what the difference is between a contested or uncontested divorce when you think about getting divorcéed. While both divorces are legal, the former is much less expensive. Uncontested divorces might not be right 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. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. In certain cases, you may be able obtain the divorce without the involvement of a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. The timeframe for divorce can vary depending on the circumstances. Some divorces are easy and quick, lasting less than six week. Others can take months to resolve. It can take even longer if your spouse has been slow in returning paperwork. In either case, a lawyer may be 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. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type of divorce is more stressful and requires both the parties to invest more time and money.
Is A Lawyer Required for Contested or Uncontested Divorce
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. 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 decide whether you want to hire a lawyer, it is important that your understanding of the laws regarding divorce be clear. Most states require that a final hearing be held before a divorcing party can legally proceed. 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.
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. Typically, this involves a settlement and division of marital estates and debts. The judge will then review the agreement and approve final divorce decrees. The cost for an uncontested divorce will be low. In some states, a lawyer might cost as little as 200 dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below