Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But is it really necessary to hire a lawyer in a contested versus an uncontested divorce? 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 talk about the differences in contested and uncontested divorcing.
Divorce Cost
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. An uncontested divorce is simpler to finalize, but it can cost more to file for a hearing. 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.
Mediated divorce is affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. Mediation can be used to help couples reach a compromise agreement before filing for 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. A contested divorce costs more than $10,000 including attorney fees and court costs. While an attorney is not required to represent you, it can increase the cost of your divorce. One study revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
Time Required For A Divorce
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces may not be 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. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. Sometimes, you might be able to obtain divorce without the need for a lawyer.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces take only six weeks and are relatively quick. Some divorces can take several months to complete. It could take longer if your spouse is slow to complete paperwork. In either case, a lawyer may be necessary.
The length of the divorce process is the most noticeable difference between contested and unsuspected. 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 can be more stressful for both spouses, as they will need to spend more time on the divorce.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
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 less common in states that require lawyers to file for divorce. Uncontested divorces are less stressful and more affordable, and tend to preserve the relationships between the spouses. For contested divorces, the most common reasons to hire an attorney are for property division and child custody.
Before you can decide whether to hire an attorney, it is important to understand the laws governing divorce. In many states, a final hearing must be held before a divorce is 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 phase before a divorce decree can be finalized.
An uncontested divorce requires cooperation from both sides. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes child custody and support. Most often, this includes a settlement agreement and division of marital debts and assets. The final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. The cost of an uncontested divorce can be very affordable. In many states, a lawyer could cost as low as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below