Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Many people are unsure if hiring a lawyer to represent them in a contested or uncontested divorce will help save time and money. Is it really necessary? These are the main pros of both. You can decide if hiring a lawyer in your specific situation by reading the following. And don't forget to check out the other pros and cons of each as well. We will also talk about the differences between 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. While attorney fees and court costs are generally the same, a contested divorce may 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 couples who are happy in their marriage and don't want to be accused of anything. 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. It is important to realize that mediation may not work in all cases.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. Although an attorney may be able to protect your rights, hiring an attorney can add considerable costs to your divorce proceedings. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
Will A Divorce Take A Long Time To Settle?
When you're thinking about getting divorced, you're probably wondering about the differences between a contested and an uncontested divorce. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces might not be right 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 your spouse cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. In some cases, you might even be able get divorce without the assistance of a lawyer.
Uncontested divorces usually last six weeks, if both you and your spouse are in agreement on everything. However, each divorce is different and the timeframes can vary. Some divorces are simple and take less than six months. 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 most obvious difference between contested and uncontested divorces is the length of the process. If one party refuses negotiation, the whole process could take months or even years. A uncontested divorce is much easier because 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
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. For contested divorces, the most common reasons to hire an attorney are for property division and child custody.
Before you decide whether you want to hire a lawyer, it is important that your understanding of the laws regarding divorce be clear. 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 time before a divorce can proceed.
The cooperation of both the parties is required for 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. Uncontested divorces are relatively inexpensive. 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