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, do they really need to? These are the main pros of both. To determine whether hiring a legal professional is appropriate for your case, read on. Check out the pros and con of each. We'll also talk about the differences in contested and uncontested divorcing.
Cost of a Divorce
While the costs of uncontested and contested divorces are very different, they all follow the same principles. While an uncontested divorce is easier to get through, it costs more to file for a trial. Attorney fees and court fees are usually the same for each, but a contested divorce can 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.
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 you and your spouse reach a mutually beneficial settlement agreement before you 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. But mediation may not always be the best option in every case.
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.
Will A Divorce Take A Long Time To Settle?
It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. While both divorces are legal, the former is much less expensive. However, uncontested divorces are not for everyone. Even if you and your spouse have agreed to file for a divorce, this doesn't mean that it's going to be a breeze. If you and your spouse cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. You may be able even to divorce your spouse without the help of a lawyer in some cases.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. The timeframe for divorce can vary depending on the circumstances. Some divorces are easy and quick, lasting less than six week. Some divorces can take several months to complete. If your spouse is slow to return paperwork, it could take much longer. In these cases, it may be necessary to hire a lawyer.
The main difference between uncontested and contested divorces is their length. If one party refuses negotiations, the whole process can take many months or even years. On the other hand, an uncontested divorce can go through relatively quickly, 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.
Is A Lawyer Required for Contested or 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. 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. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
When determining whether to hire a lawyer, you should first understand the laws regarding divorce. A final hearing is required in many states before a divorce can become final. The final hearing can only be held if both the parties and the judge agree to the settlement. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting phase before a divorce decree can be finalized.
Both parties must cooperate in uncontested divorces. 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 judge will approve the final divorce decree after the divorce is finalized. The cost for an uncontested divorce will be low. 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