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 are unsure if hiring a lawyer to represent them in a contested or uncontested divorce will help save time and money. But is it really necessary to hire a lawyer in a contested versus an uncontested divorce? 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'll also cover the differences in uncontested and contested divorces.
Cost of a Divorce
While the costs of a contested and uncontested divorce are different, they both have similar costs. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. The fees for attorney and court are the same. However, contested divorces can be more costly. 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.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. 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. You should know that mediation might not be the best choice for all situations.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. An attorney can be costly, but it can help you protect your rights. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
Time Required For A Divorce
It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. While both divorces are legal, the former is much less expensive. Uncontested divorces might not be right 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.
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 easy and quick, lasting less than six week. Some cases take several months to settle. It may take longer if your spouse is slow in returning paperwork. In these cases, it may be necessary to hire a lawyer.
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 can be more stressful for both spouses, as they will need to spend more time on the divorce.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
It depends on the laws of your state as to whether you need a lawyer for uncontested or contested 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. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
When determining whether to hire a lawyer, you should first understand the laws regarding divorce. A final hearing is required in many states before a divorce can become final. If the parties agree to the settlement, then the divorce can be finalized. A judge will sign the judgment in cases that do not require a final court hearing. Some states require that there be a waiting period before a divorce is finalized.
Both parties must cooperate in uncontested divorces. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes child custody and support. Typically, this involves a settlement and division of marital estates and debts. The judge will then review the agreement and approve final divorce decrees. Uncontested divorces are relatively inexpensive. In many states, a divorce lawyer costs as little as $200.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below