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 whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. But is it really necessary to hire a lawyer in a contested versus an uncontested divorce? These are the main pros of both. Find out if you need a lawyer for your situation. Don't forget about the pros and cons of each. We'll also cover the differences in uncontested and contested divorces.
How Much Will A Divorce Cost?
While the costs of a contested and uncontested divorce are different, they both have similar costs. While an uncontested divorce is easier to get through, it costs more to file for a trial. The fees for attorney and court are the same. However, contested divorces can be more costly. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
Mediated divorce is best for couples who are happy in their marriage and don't want to be accused of anything. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. But mediation may not always be the best option in every case.
Uncontested divorces, while more expensive than contested ones, are usually the most affordable. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous expenses. An attorney can be costly, but it can help you protect your rights. One study revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
How Long Does A Divorce Take to Settle?
It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces, however, are not for everyone. Although you have reached an agreement to file for divorce, it doesn't guarantee that the process will be straightforward. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. In some cases, you might even be able get divorce without the assistance of a lawyer.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. Each divorce is unique, so time frames can vary greatly. Some divorces can be completed in less than six weeks. Some cases take several months to settle. It may take longer if your spouse is slow in returning paperwork. In both cases, a lawyer may be necessary.
The biggest difference between uncontested and litigated divorces is how long it takes. 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 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?
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces are less common in states that require lawyers to file for divorce. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. Most people hire a lawyer to help them with contested divorces.
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 divorce can be finalized if the parties reach an agreement on the settlement. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require a waiting period before a divorce can be finalized.
Both parties must cooperate in uncontested divorces. In an uncontested divorce, both parties agree on the major terms of the divorce, including child custody and support. This usually involves a settlement agreement, the division of marital assets, and debts. After the final divorce decree is approved, the judge will read the agreement and sign it. 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