Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Are you unsure if you should hire a lawyer in Contested or Uncontested Divorce cases?
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. Read on to decide whether hiring a lawyer is necessary in your particular situation. And don't forget to check out the other pros and cons of each as well. We'll also cover the differences in uncontested and contested divorces.
Divorce Cost
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them both. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. The attorney fees and court fee are usually the same. However, a divorce that is contested can lead to additional costs. 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. Mediating can help you and your spouse reach a mutually beneficial settlement agreement before you file for divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. Mediation may not be the best solution for every case.
Uncontested divorces, while more expensive than contested ones, are usually the most affordable. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. 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
You may be wondering what the difference is between a contested or uncontested divorce when you think about getting divorcéed. While both divorces are legal, the former is much less expensive. 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. You will need an attorney or mediator if you and your spouse are unable to agree on important 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 are quick and simple, taking less than six weeks. Others can take 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 biggest difference between uncontested and litigated divorces is how long it takes. The entire process can be prolonged if one side refuses to negotiate. However, uncontested divorces are much more straightforward because no one disputes anything. This type of divorce typically involves a lot more stress, which means that both parties have to spend more time and money on the divorce.
Is A Lawyer Required for Contested or Uncontested Divorce
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. Uncontested divorces are less stressful and more affordable, and tend to preserve the relationships between the spouses. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
Before you decide whether you want to hire a lawyer, it is important that your understanding of the laws regarding divorce be clear. A final hearing is required in many states before a divorce can become final. If the parties agree to the settlement, then the divorce can be finalized. If there is no final hearing required, a judge can sign the judgment. Some states require that there be a waiting period before a divorce is finalized.
Both parties must cooperate in uncontested divorces. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. The judge will approve the final divorce decree after the divorce is finalized. 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