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 if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But, is it really necessary? Here are the main advantages and disadvantages of each. Learn more to determine if a lawyer is right for you. 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 of a divorce is more expensive than one that is uncontested, they are still affordable. Uncontested divorces are easier to handle, but it's more costly to file for trial. While attorney fees and court costs are generally the same, a contested divorce may incur additional expenses. 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.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide 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. You should know that mediation might not be the best choice for all situations.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other 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?
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. While both types of divorce are legal, the cost of the former is significantly less. Uncontested divorces might not be right for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. In certain cases, you may be able obtain the divorce without the involvement of a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are quick and simple, taking less than six weeks. Others can take months to resolve. It may take longer if your spouse is slow in returning paperwork. In both cases, a lawyer may be necessary.
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. A uncontested divorce is much easier because no one is disputing anything. This type of divorce is more stressful and requires both the parties to invest more time and money.
What Is The Requirement to Hire a Lawyer for Contested vs Uncontested Divorce?
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces are less common in states that require lawyers to file for divorce. Uncontested divorces can be less expensive and stressful than contested ones. They also tend to maintain the relationship between the parents. The most common reasons to hire a lawyer for contested divorces are property division and child custody.
When determining whether to hire a lawyer, you should first understand the laws regarding divorce. In many states, a final hearing must be held before a divorce is final. The final hearing can only be held if both the parties and the judge agree to the settlement. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require that a waiting period be allowed before a divorce can take place.
Uncontested divorces are only possible with the cooperation of both spouses. An uncontested divorce is when both spouses reach an agreement on the terms of the divorce. 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 cost of the uncontested divorce is low. 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