What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
Do you really need a lawyer for a divorce in Arizona?
Many people wonder if they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. But, do they really need to? Let's look at the pros and cons of each. Read on to decide whether hiring a lawyer is necessary in your particular situation. And don't forget to check out the other pros and cons of each as well. We'll also be discussing the differences between contested or uncontested divorces.
Cost of a Divorce
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in additional costs. Child support, maintenance of property, pensions, and property division can be contested in a trial, and the costs of these can increase a couple's total divorce settlement.
Mediated divorce is best for a happy marriage where neither side is trying to hide anything. Mediating can help you and your spouse reach a mutually beneficial settlement agreement before you file for divorce. Some states require that the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. It is important to realize that mediation may not work in all cases.
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. One study revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
Will A Divorce Take A Long Time To Settle?
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, however, are not 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 cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. You may be able even to divorce your spouse without the help of a lawyer in some cases.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces take only six weeks and are relatively quick. Others may take many months to resolve. It can take even longer if your spouse has been slow in returning paperwork. In both cases, a lawyer may be necessary.
The length of the divorce process is the most noticeable difference between contested and unsuspected. If one party refuses negotiation, the whole process could take months or even years. Uncontested divorces can be completed quickly because there is no dispute. 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
The laws in your state will determine whether or not you need to hire a lawyer for contested v or 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. 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. Many states require a final hearing before a separation can be made final. If the parties agree to the settlement, then the divorce can be finalized. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting period before a divorce can be finalized.
Both parties must cooperate in uncontested divorces. An uncontested divorce is when both spouses reach an agreement on the terms of the divorce. This usually involves a settlement agreement, the division of marital assets, and debts. The final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. 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