Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Do you really need a lawyer for a divorce in Arizona?
Many people wonder whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. But, do they really need to? Here are the main advantages and disadvantages of each. To determine whether hiring a legal professional is appropriate for your case, read on. And don't forget to check out the other pros and cons of each as well. We'll also talk about the differences in contested and uncontested divorcing.
Cost of a Divorce
While the costs of a contested and uncontested divorce are different, they both have similar costs. A contested divorce is less complicated, but it is more expensive to have a trial. The attorney fees and court fee are usually the same. However, a divorce that is contested can lead to additional costs. 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.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. Mediating can help you and your spouse reach a mutually beneficial settlement agreement before you file for divorce. Some states require that divorces be mediate before filing, and judges can require mediation in specific cases. However, you should be aware that mediation may not be the best option for every situation.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. A contested divorce costs more than $10,000 including attorney fees and court costs. 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.
How Long Does A Divorce Take to Settle?
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. While both divorces are legal, the former is much less expensive. 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/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. Every divorce is different so the timeline can vary. Some divorces are easy and quick, lasting less than six week. Others, however, require several months to resolve. It can take even longer if your spouse has been slow in returning paperwork. A lawyer might be required in either case.
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. However, uncontested divorces are much more straightforward because no one disputes anything. This type divorce usually involves more stress which leads to both parties spending more time and money.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
It depends on the laws of your state as to whether you need a lawyer for uncontested or contested divorce. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. Uncontested divorces are less stressful and more affordable, and tend to preserve the relationships between the spouses. Most people hire a lawyer to help them with contested divorces.
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 final hearing can only be held if both the parties and the judge agree to the settlement. In states that do not require a final hearing, a judge will sign the judgment. Some states require a waiting period before a divorce can be finalized.
Both parties must cooperate in uncontested divorces. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. Most often, this includes a settlement agreement and division of marital debts and assets. After the final divorce decree is approved, the judge will read the agreement and sign it. The cost of the uncontested divorce is low. In many states, a lawyer may cost as little as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below