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 this really necessary? These are the main benefits and drawbacks of each. Find out if you need a lawyer for your situation. Check out the pros and con of each. We'll also discuss the differences between contested and uncontested divorces.
Cost of a Divorce
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them both. 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. The costs of child support, maintenance of properties, pensions, and property distribution can all be litigated in court. This can affect a couple’s overall divorce settlement.
Mediated divorce is affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require that divorces be mediate before filing, and judges can require mediation in specific cases. It is important to realize that mediation may not work in all cases.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. A contested divorce costs more than $10,000 including attorney fees and court costs. Hiring an attorney can also add significant costs to your divorce, although an attorney can 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?
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. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. In some cases, you may even be able to get the divorce without a lawyer.
Uncontested divorces are usually completed in six weeks if you and your spouse can agree on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are quick and simple, taking less than six weeks. Others, however, require several months to resolve. If your spouse is slow to return paperwork, it could take much longer. In any case, a lawyer may prove necessary.
The biggest difference between uncontested and litigated divorces is how long it takes. The whole process can take months, if not years, if one of the parties refuses to compromise. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type divorce usually involves more stress which leads to both parties spending more time and money.
Is A Lawyer Required for Contested or Uncontested Divorce
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
It is essential that you understand the laws surrounding divorce before you make a decision about whether or not to hire a legal representative. 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. A judge will sign the judgment in cases that do not require a final court hearing. Some states require a waiting period before a divorce can be finalized.
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 will involve a settlement agreement as well as the division and payment of marital property and debts. The judge will approve the final divorce decree after the divorce is finalized. 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