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?
People often wonder if hiring a lawyer for a contested divorce is better than hiring one for an uncontested. But, do they really need to? These are the main pros of both. Find out if you need a lawyer for your situation. Also, don't forget the pros and cons. We will also talk about the differences between uncontested and contested divorces.
How Much Will A Divorce Cost?
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. While attorney fees and court costs are generally the same, a contested divorce may incur additional expenses. The costs of child support, maintenance of properties, pensions, and property distribution can all be litigated in court. This can affect a couple’s overall divorce settlement.
Mediated divorce is affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. Mediation can be used to help couples reach a compromise agreement before filing for divorce. Some states require that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. You should know that mediation might not be the best choice for all situations.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. Although an attorney may be able to protect your rights, hiring an attorney can add considerable costs to your 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, the uncontested divorce is less costly. However, uncontested divorces are not for everyone. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. Sometimes, you might be able to obtain divorce without the need for a lawyer.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are quick and simple, taking less than six weeks. Others may take many months to resolve. It can take even longer if your spouse has been slow in returning paperwork. In any case, a lawyer may prove necessary.
Uncontested and contested divorces are distinguished by the length of the proceedings. The whole process can take months, if not years, if one of the parties refuses to compromise. However, uncontested divorces are much more straightforward because no one disputes 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
The laws in your state will determine whether or not you need to hire a lawyer for contested v or uncontested divorce. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
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. Once the parties have reached an agreement, the divorce can be finalized. A judge will sign the judgment in cases that do not require a final court hearing. Some states require a waiting phase before a divorce decree can be finalized.
Uncontested divorces require the cooperation of both parties. 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 final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. The cost of an uncontested divorce can be very affordable. 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