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?
People often wonder if hiring a lawyer for a contested divorce is better than hiring one for an uncontested. 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. And don't forget to check out the other pros and cons of each as well. We will also talk about the differences between uncontested and contested divorces.
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 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 divorces be mediate before filing, and judges can require mediation in specific cases. But mediation may not always be the best option in every case.
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. An attorney can be costly, but it can help you protect your rights. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
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. 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 disagree on any significant issues, you should hire the services of an attorney. In certain cases, you may be able obtain the divorce without the involvement of a lawyer.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. However, each divorce is different and the timeframes can vary. Some divorces are quick and simple, taking less than six weeks. Others, however, require several months to resolve. It can take even longer if your spouse has been slow in returning paperwork. In any case, a lawyer may prove necessary.
The length of the divorce process is the most noticeable difference between contested and unsuspected. 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 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. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. Most people hire a lawyer to help them with contested divorces.
Before you can decide whether to hire an attorney, it is important to understand the laws governing divorce. Many states require a final hearing before a separation can be made final. The divorce can be finalized if the parties reach an agreement on the settlement. In states that do not require a final hearing, a judge will sign the judgment. Some states require a waiting phase before a divorce decree can be 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. Usually, this involves a settlement agreement and the division of marital assets and debts. After the divorce is final, the judge will review the agreement and approve the final divorce decree. The cost of the uncontested divorce is low. 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