Should You Hire a Lawyer for a Contested Vs 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, is it really necessary? These are the main benefits and drawbacks of each. 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 discuss the differences between contested and uncontested divorces.
Cost of a Divorce
While the costs of uncontested and contested divorces are very different, they all follow the same principles. A contested divorce is less complicated, but it is more expensive to have a trial. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. Child support, maintenance of property, pensions, and property division can be contested in a trial, and the costs of these can increase a couple's total divorce settlement.
Mediated divorce is best for a happy marriage where neither side is trying to hide anything. 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. However, you should be aware that mediation may not be the best option for every situation.
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. An attorney can be costly, but it can help you protect your rights. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
Time Required For A Divorce
There are two types of divorce: contested and uncontested. While both types of divorce are legal, the cost of the former is significantly less. Uncontested divorces might not be right 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 may even be able to get the divorce without a lawyer.
Uncontested divorces usually last six weeks, if both you and your spouse are in agreement on everything. However, each divorce is different and the timeframes can vary. Some divorces can be completed in less than six weeks. Others can take months to resolve. It may take longer if your spouse is slow in returning paperwork. A lawyer might be required in either case.
Uncontested and contested divorces are distinguished by the length of the proceedings. If one party refuses negotiations, the whole process can take many months or even years. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type divorce usually involves more stress which leads to both parties spending more time and money.
Uncontested vs Contested Divorce: What are the Requirements?
The laws in your state will determine whether or not you need to hire a lawyer for contested v or uncontested divorce. Uncontested divorces are more common in states that require the use of a lawyer for filing for divorce. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. For contested divorces, the most common reasons to hire an attorney are for 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. Many states require a final hearing before a separation can be made final. The divorce can be finalized if the parties reach an agreement on the settlement. In states that do not require a final hearing, a judge will sign the judgment. Some states require a waiting phase before a divorce decree can be finalized.
The cooperation of both the parties is required for uncontested divorces. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. This usually involves a settlement agreement, the division of marital assets, and debts. After the divorce is final, the judge will review the agreement and approve the final divorce decree. The uncontested divorce is relatively affordable. 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