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 whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. Is it really necessary? These are the main benefits and drawbacks of each. Learn more to determine if a lawyer is right for you. Also, don't forget the pros and cons. We'll also talk about the differences in contested and uncontested divorcing.
Divorce Cost
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. 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 best for couples who are happy in their marriage and don't want to be accused of 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. It is important to realize that mediation may not work in all cases.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. 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 found 11% paid $100 or more per an hour to have an attorney represent them, while 20% paid $400.
Will A Divorce Take A Long Time To Settle?
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. Although both are legal, the uncontested divorce is less costly. Uncontested divorces aren't for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. In some cases, you may even be able to get the divorce without a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Each divorce is unique, so time frames can vary greatly. Some divorces take only six weeks and are relatively quick. Others, however, require several months to resolve. It might take longer if your spouse takes too long to return paperwork. A lawyer might be required in either case.
The most obvious difference between contested and uncontested divorces is the length of the process. When one party refuses to negotiate, the entire process can take months or even years. 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.
Uncontested vs Contested Divorce: What are the Requirements?
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 often involve less expense and stress, and can help to maintain the relationship between the couples. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
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. Once the parties have reached an agreement, the divorce can be finalized. If there is no final hearing required, a judge can sign the judgment. 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 parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. Typically, this involves a settlement and division of marital estates and debts. The judge will approve the final divorce decree after the divorce is finalized. The cost of an uncontested divorce can be very affordable. 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