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 this really necessary? Here are the main advantages and disadvantages of each. Learn more to determine if a lawyer is right for you. And don't forget to check out the other pros and cons of each as well. We'll also cover the differences in uncontested and contested divorces.
While the costs of uncontested and contested divorces are very different, they all follow the same principles. An uncontested divorce is simpler to finalize, but it can cost more to file for a hearing. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
Mediated divorce is best for a happy marriage where neither side is trying to hide anything. Mediating can help couples reach a settlement before they file for divorce. Some states require that divorces be mediate before filing, and judges can require mediation in specific cases. 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. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. Although an attorney may be able to protect your rights, hiring an attorney can add considerable costs to your divorce proceedings. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.
How Long Does A Divorce Take 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 divorces are legal, the former is much less expensive. Uncontested divorces may not be 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 disagree on any significant issues, you should hire the services of an attorney. Sometimes, you might be able to obtain divorce without the need for a lawyer.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are easy and quick, lasting less than six week. Others, however, require several months to resolve. If your spouse is slow to return paperwork, it could take much longer. In both cases, a lawyer may be necessary.
The biggest difference between uncontested and litigated divorces is how long it takes. 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 divorce usually involves more stress which leads to both parties spending more time and money.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
It depends on the laws of your state as to whether you need a lawyer for uncontested or contested divorce. Uncontested divorces are more common in states that require the use of a lawyer for filing for divorce. Uncontested divorces can be less expensive and stressful than contested ones. They also tend to maintain the relationship between the parents. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
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. 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 a waiting phase before a divorce decree can be finalized.
Uncontested divorces are only possible with the cooperation of both spouses. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. Most often, this includes a settlement agreement and division of marital debts and assets. The judge will then review the agreement and approve final divorce decrees. The uncontested divorce is relatively affordable. 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