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 if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But is this really necessary? These are the main pros of both. You can decide if hiring a lawyer in your specific situation by reading the following. Check out the pros and con of each. We will also talk about the differences between uncontested and contested divorces.
Cost of a Divorce
While the costs of a contested and uncontested divorce are different, they both have similar costs. While an uncontested divorce is easier to get through, it costs more to file for a trial. While attorney fees and court costs are generally the same, a contested divorce may incur additional expenses. There are many issues that can be litigated during a trial. They include child support, maintenance, pensions and property division. The cost of these items can also increase the couple's final divorce settlement.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. Mediation can help a couple reach a settlement agreement before filing for a 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.
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. 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.
Will A Divorce Take A Long Time To Settle?
You may be wondering what the difference is between a contested or uncontested divorce when you think about getting divorcéed. Although both are legal, the uncontested divorce is less costly. 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. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. In some cases, you might even be able get divorce without the assistance of a lawyer.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. Every divorce is different so the timeline can vary. Some divorces are easy and quick, lasting less than six week. Some cases take several months to settle. It could take longer if your spouse is slow to complete paperwork. In either case, a lawyer may be necessary.
The most obvious difference between contested and uncontested divorces is the length of the process. If one party refuses negotiation, the whole process could take months or even years. A uncontested divorce is much easier because no one is disputing anything. This type can be more stressful for both spouses, as they will need to spend more time on the divorce.
What Is The Requirement to Hire a Lawyer for Contested vs Uncontested Divorce?
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. Uncontested divorces in states that require a divorce lawyer are much easier to obtain. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. Most people hire a lawyer to help them with contested divorces.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. Many states require a final hearing before a divorce can be final. If both parties are happy with the settlement, the divorce proceedings can be finalized. A judge will sign the judgment in cases that do not require a final court hearing. 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. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. Typically, this involves a settlement and division of marital estates and debts. The judge will then review the agreement and approve final divorce decrees. The cost for an uncontested divorce will be low. In many states, a lawyer could cost as low as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below