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? 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'll also talk about the differences in contested and uncontested divorcing.
Cost of a Divorce
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them both. A contested divorce is less complicated, but it is more expensive to have a trial. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in additional costs. The costs of child support, maintenance of properties, pensions, and property distribution can all be litigated in court. This can affect a couple’s overall divorce settlement.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. Mediating can help couples reach a settlement before they file for divorce. Some states require that the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. 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. Hiring an attorney can also add significant costs to your divorce, although an attorney can protect your rights. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
How Long Does A Divorce Take?
There are two types of divorce: contested and uncontested. Although both are legal, the uncontested divorce is less costly. Uncontested divorces may not be for everyone. Although you have reached an agreement to file for divorce, it doesn't guarantee that the process will be straightforward. 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.
Uncontested divorces usually last six weeks, if both you and your spouse are in agreement on everything. Every divorce is different so the timeline can vary. Some divorces are easy and quick, lasting less than six week. Others, however, require several months to resolve. It might take longer if your spouse takes too long to return paperwork. In either case, a lawyer may be necessary.
The length of the divorce process is the most noticeable difference between contested and unsuspected. If one party refuses negotiation, the whole process could take months or even years. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type of divorce is more stressful and requires both the parties to invest more time and money.
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. Uncontested divorces are less common in states that require lawyers to file for divorce. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. Most people hire a lawyer to help them with contested divorces.
It is essential that you understand the laws surrounding divorce before you make a decision about whether or not to hire a legal representative. A final hearing is required in many states before a divorce can become final. Once the parties have reached an agreement, the divorce can be finalized. 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.
Uncontested divorces require the cooperation of both parties. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes child custody and support. Most often, this includes a settlement agreement and division of marital debts and assets. The final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. The uncontested divorce is relatively 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