Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But is this really necessary? Let's look at the pros and cons 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.
Divorce Cost
Although the costs of a divorce is more expensive than one that is uncontested, they are still affordable. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. Attorney fees and court fees are usually the same for each, but a contested divorce can 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.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require that the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. It is important to realize that mediation may not work in all cases.
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. While an attorney is not required to represent you, it can increase the cost of your divorce. One study revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
Will A Divorce Take A Long Time To Settle?
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 divorces are legal, the former is much less expensive. Uncontested divorces, however, are not for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. In certain cases, you may be able obtain the divorce without the involvement of a lawyer.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. Each divorce is unique, so time frames can vary greatly. Some divorces are easy and quick, lasting less than six week. Others may take many months to resolve. It may take longer if your spouse is slow in returning paperwork. In these cases, it may be necessary to hire a lawyer.
The most obvious difference between contested and uncontested divorces is the length of the process. When one party refuses to negotiate, the entire process can take months or even years. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type is often more stressful, so both sides will have to spend more time and more money.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
The laws in your state will determine whether or not you need to hire a lawyer for contested v or uncontested divorce. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. Uncontested divorces tend to be less costly and involve less stress. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
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. If the parties agree to the settlement, then the divorce can be finalized. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require a waiting phase before a divorce decree can be finalized.
An uncontested divorce requires cooperation from both sides. 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. Uncontested divorces are relatively inexpensive. 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