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 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? Here are the main pros and cons of both. Learn more to determine if a lawyer is right for you. Check out the pros and con of each. 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. While attorney fees and court costs are generally the same, a contested divorce may 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.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. However, you should be aware that mediation may not be the best option for every situation.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. A contested divorce costs more than $10,000 including attorney fees and court costs. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found 11% paid $100 or more per an hour to have an attorney represent them, while 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. Although both are legal, uncontested divorces tend to be less expensive. However, uncontested divorces are not for everyone. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. You may be able even to divorce your spouse without the help of a lawyer in some cases.
Uncontested divorces usually last six weeks, if both you and your spouse are in agreement 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 could take longer if your spouse is slow to complete paperwork. In any case, a lawyer may prove 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. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type of divorce is more stressful and requires both the parties to invest more time and money.
What Is The Requirement to Hire a Lawyer for Contested vs Uncontested Divorce?
It depends on the laws of your state as to whether you need a lawyer for uncontested or contested divorce. Uncontested divorces are less common in states that require lawyers to file for divorce. 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.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. Most states require that a final hearing be held before a divorcing party can legally proceed. 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 that there be a waiting period before a divorce is finalized.
Uncontested divorces are only possible with the cooperation of both spouses. In an uncontested divorce, both parties agree on the major terms of the divorce, including child custody 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. 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