Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Are you unsure if you should hire a lawyer in Contested or Uncontested Divorce cases?
People often wonder if hiring a lawyer for a contested divorce is better than hiring one for an uncontested. But is this really necessary? Here are the main advantages and disadvantages of each. Read on to decide whether hiring a lawyer is necessary in your particular situation. And don't forget to check out the other pros and cons of each as well. We'll also cover the differences in uncontested and contested divorces.
Cost of a Divorce
Although the costs of a divorce is more expensive than one that is uncontested, they are still affordable. While an uncontested divorce is easier to get through, it costs more to file for a trial. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in additional costs. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. Mediation can be used to help couples reach a compromise agreement before filing for 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.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous 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?
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. However, uncontested divorces are not for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. If you and your spouse disagree on any significant issues, you should hire the services of an attorney. In some cases, you might even be able get divorce without the assistance of a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Each divorce is unique, so time frames can vary greatly. Some divorces are quick and simple, taking less than six weeks. Others may take many months to resolve. It might take longer if your spouse takes too long to return paperwork. A lawyer might be required in either case.
The main difference between uncontested and contested divorces is their length. When one party refuses to negotiate, the entire process can take months or even years. Uncontested divorces can be completed quickly because there is no dispute. This type is often more stressful, so both sides will have to spend more time and more money.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. Uncontested divorces tend to be less costly and involve less stress. For contested divorces, the most common reasons to hire an attorney are for property division and child custody.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. In many states, a final hearing must be held before a divorce is final. If both parties are happy with the settlement, the divorce proceedings can be finalized. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting time before a divorce can proceed.
Both parties must cooperate in uncontested divorces. An uncontested divorce is when both spouses reach an agreement on the terms of the divorce. Usually, this involves a settlement agreement and the division of marital assets and debts. The judge will then review the agreement and approve final divorce decrees. Uncontested divorces are relatively inexpensive. 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