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. Learn more to determine if a lawyer is right for you. Check out the pros and con of each. We'll also cover the differences in uncontested and contested divorces.
How Much Will A Divorce Cost?
While the costs of a contested and uncontested divorce are different, they both have similar costs. A contested divorce is less complicated, but it is more expensive to have a trial. 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.
Mediated divorce is best for a happy marriage where neither side is trying to hide anything. Mediation can help a couple reach a settlement agreement before filing for a 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.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other 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.
How Long Does A Divorce Take?
When you're thinking about getting divorced, you're probably wondering about the differences between a contested and an uncontested divorce. Although both are legal, the uncontested divorce is less costly. Uncontested divorces may not be for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. In some cases, you may even be able to get the divorce without a lawyer.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. Every divorce is different so the timeline can vary. Some divorces are quick and simple, taking less than six weeks. Some cases take several months to settle. It could take longer if your spouse is slow to complete paperwork. A lawyer might be required in either case.
The biggest difference between uncontested and litigated divorces is how long it takes. The entire process can be prolonged if one side refuses to negotiate. Uncontested divorces can be completed quickly because there is no dispute. This type can be more stressful for both spouses, as they will need to spend more time on the divorce.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. 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. The most common reasons to hire a lawyer for contested divorces are property division and child custody.
Before you decide whether you want to hire a lawyer, it is important that your understanding of the laws regarding divorce be clear. In many states, a final hearing must be held before a divorce is final. The divorce can be finalized if the parties reach an agreement on the settlement. If there is no final hearing required, a judge can sign the judgment. Some states require a waiting time before a divorce can proceed.
An uncontested divorce requires cooperation from both sides. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes child custody and support. This usually involves a settlement agreement, the division of marital assets, and debts. The judge will approve the final divorce decree after the divorce is finalized. The cost for an uncontested divorce will be 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