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 it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But is this really necessary? These are the main pros of both. You can decide if hiring a lawyer in your specific situation by reading the following. Check out the pros and con of each. We'll also cover the differences in uncontested and contested divorces.
Divorce Cost
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. While an uncontested divorce is easier to get through, it costs more to file for a trial. The fees for attorney and court are the same. However, contested divorces can be more costly. 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 affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. A couple can reach a settlement agreement through mediation before filing 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.
Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
How Long Does A Divorce Take?
There are two types of divorce: contested and uncontested. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces, however, are not for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. If you and your spouse cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. In some cases, you might even be able get divorce without the assistance of a lawyer.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. Each divorce is unique, so time frames can vary greatly. Some divorces are quick and simple, taking less than six weeks. Others, however, require several months to resolve. It may take longer if your spouse is slow in returning paperwork. In these cases, it may be necessary to hire a lawyer.
The most obvious difference between contested and uncontested divorces is the length of the process. The entire process can be prolonged if one side refuses to negotiate. A uncontested divorce is much easier because no one is disputing anything. This type divorce usually involves more stress which leads to both parties spending more time and money.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. Uncontested divorces tend to be less costly and involve less stress. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
Before you decide whether you want to hire a lawyer, it is important that your understanding of the laws regarding divorce be clear. A final hearing is required in many states before a divorce can become final. The divorce can be finalized if the parties reach an agreement on the settlement. 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.
The cooperation of both the parties is required for 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. A lawyer can cost as low as $200 in many states.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below