What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
Many people wonder if they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. But is it really necessary to hire a lawyer in a contested versus an uncontested divorce? These are the main pros of both. Learn more to determine if a lawyer is right for you. Also, don't forget the pros and cons. We'll also discuss the differences between contested and uncontested divorces.
Cost of a Divorce
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. Uncontested divorces are easier to handle, but it's more costly to file for trial. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in 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.
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 a divorce be mediated before it is filed. In certain cases, judges may require mediation. However, you should be aware that mediation may not be the best option for every situation.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous expenses. While an attorney is not required to represent you, it can increase the cost of your divorce. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.
How Long Does A Divorce Take?
You may be wondering what the difference is between a contested or uncontested divorce when you think about getting divorcéed. Both divorces are legal but the first is cheaper. Uncontested divorces, however, are not for everyone. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. In some cases, you might even be able get divorce without the assistance of a lawyer.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. However, each divorce is different and the timeframes can vary. Some divorces are simple and take less than six months. Some cases take several months to settle. It can take even longer if your spouse has been slow in returning paperwork. A lawyer might be required in either case.
The most obvious difference between contested and uncontested divorces is the length of the process. If one party refuses negotiations, the whole process can take many months or even years. However, uncontested divorces are much more straightforward because no one disputes anything. This type is often more stressful, so both sides will have to spend more time and more money.
Is A Lawyer Required for Contested or Uncontested Divorce
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. Uncontested divorces tend to be less costly and involve less stress. 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. In many states, a final hearing must be held before a divorce is final. If the parties agree to the settlement, then the divorce can be finalized. If there is no final hearing required, a judge can sign the judgment. Some states require that a waiting period be allowed before a divorce can take place.
Both parties must cooperate in uncontested divorces. In an uncontested divorce, both parties agree on the major terms of the divorce, including child custody and support. This usually involves a settlement agreement, the division of marital assets, and debts. The judge will then review the agreement and approve final divorce decrees. The cost of the uncontested divorce is low. In many states, a lawyer may cost as little as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below