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 are unsure if hiring a lawyer to represent them in a contested or uncontested divorce will help save time and money. But, do they really need to? These are the main benefits and drawbacks of each. Read on to decide whether hiring a lawyer is necessary in your particular situation. Don't forget about the pros and cons of each. We will also talk about the differences between uncontested and contested divorces.
Divorce Cost
Although the costs of a divorce is more expensive than one that is uncontested, they are still affordable. While an uncontested divorce is easier to get through, it costs more to file for a trial. The fees for attorney and court are the same. However, contested divorces can be more costly. 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.
Mediated divorce is affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. Mediating can help couples reach a settlement before they file for divorce. Some states require that divorces be mediate before filing, and judges can require mediation in specific cases. You should know that mediation might not be the best choice for all situations.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. A contested divorce costs more than $10,000 including attorney fees and court costs. Hiring an attorney can also add significant costs to your divorce, although an attorney can protect your rights. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.
How Long Does A Divorce Take?
It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. Although both are legal, uncontested divorces tend to be less expensive. However, uncontested divorces are not for everyone. Even if you and/or your spouse have made an agreement to file for divorce it does not mean that it will be easy. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. 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 simple and take less than six months. Some cases take several months to settle. It can take even longer if your spouse has been 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. The entire process can be prolonged if one side refuses to negotiate. Uncontested divorces can be completed quickly because there is no dispute. This type can be more stressful for both spouses, as they will need to spend more time on the divorce.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. The most common reasons to hire a lawyer for contested divorces are property division and child custody.
It is essential that you understand the laws surrounding divorce before you make a decision about whether or not to hire a legal representative. Most states require that a final hearing be held before a divorcing party can legally proceed. If both parties are happy with the settlement, the divorce proceedings can be finalized. 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.
The cooperation of both the parties is required for uncontested divorces. An uncontested divorce is when both spouses reach an agreement on the terms of the divorce. Typically, this involves a settlement and division of marital estates and debts. After the divorce is final, the judge will review the agreement and approve the final divorce decree. 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