Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Do you really need a lawyer for a divorce in Arizona?
Many people wonder if they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. But, is it really necessary? These are the main pros of both. To determine whether hiring a legal professional is appropriate for your case, read on. You should also consider the other benefits and drawbacks of each. We'll also be discussing the differences between contested or uncontested divorces.
Cost of a Divorce
While the costs of uncontested and contested divorces are very different, they all follow the same principles. Uncontested divorces are easier to handle, but it's more costly to file for trial. Attorney fees and court fees are usually the same for each, but a contested divorce can 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.
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 divorces to be mediated before filing. Judges can also require mediation in some cases. But mediation may not always be the best option in every case.
Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found 11% paid $100 or more per an hour to have an attorney represent them, while 20% paid $400.
How Long Does A Divorce Take?
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. Although you have reached an agreement to file for divorce, it doesn't guarantee that the process will be straightforward. If you and your spouse disagree on any significant issues, you should hire the services of an attorney. In some cases, you may even be able to get the divorce without a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Every divorce is different so the timeline can vary. Some divorces are simple and take less than six months. Others, however, require several months to resolve. It may take longer if your spouse is slow in returning paperwork. In any case, a lawyer may prove necessary.
The length of the divorce process is the most noticeable difference between contested and unsuspected. If one party refuses negotiation, the whole process could take months or even years. Uncontested divorces can be completed quickly because there is no dispute. This type of divorce typically involves a lot more stress, which means that both parties have to spend more time and money on the divorce.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. 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.
It is essential that you understand the laws surrounding divorce before you make a decision about whether or not to hire a legal representative. 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. A judge will sign the judgment in cases that do not require a final court hearing. Some states require a waiting period before a divorce can be finalized.
Uncontested divorces are only possible with the cooperation of both spouses. In an uncontested divorce, both parties agree on the major terms of the divorce, including child custody and support. Usually, this will involve a settlement agreement as well as the division and payment of marital property 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. In some states, a lawyer might cost as little as 200 dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below