Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Do You Need a Lawyer for a Contested or Uncontested Arizona 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? Let's look at the pros and cons of each. You can decide if hiring a lawyer in your specific situation by reading the following. You should also consider the other benefits and drawbacks of each. We'll also talk about the differences in contested and uncontested divorcing.
How Much Will A Divorce Cost?
While the costs of uncontested and contested divorces are very different, they all follow the same principles. 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. A trial can resolve disputes about child support, property division, maintenance of property, pensions, or child support. These costs can lead to a greater divorce settlement.
Mediated divorce is best for couples who are happy in their marriage and don't want to be accused of anything. Mediation can be used to help couples reach a compromise agreement before filing for divorce. Some states require that the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain 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. Hiring an attorney can also add significant costs to your divorce, although an attorney can protect your rights. 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?
There are two types of divorce: contested and uncontested. While both types of divorce are legal, the cost of the former is significantly less. Uncontested divorces aren't 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. In some cases, you might even be able get divorce without the assistance of 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 are easy and quick, lasting less than six week. Others can take months to resolve. It might take longer if your spouse takes too long to return paperwork. In these cases, it may be necessary to hire a lawyer.
The length of the divorce process is the most noticeable difference between contested and unsuspected. When one party refuses to negotiate, the entire process can take months or even years. On the other hand, an uncontested divorce can go through relatively quickly, because no one is disputing anything. This type of divorce is more stressful and requires both the parties to invest 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 are more common in states that require the use of a lawyer for filing for divorce. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. 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. The final hearing can only be held if both the parties and the judge agree to the settlement. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting period before a divorce 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 will involve a settlement agreement as well as the division and payment of marital property and debts. After the final divorce decree is approved, the judge will read the agreement and sign it. The cost for an uncontested divorce will be low. In many states, a lawyer may cost as little as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below