Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
People often wonder if hiring a lawyer for a contested divorce is better than hiring one for an uncontested. 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. Find out if you need a lawyer for your situation. Also, don't forget the pros and cons. We'll also discuss the differences between contested and uncontested divorces.
How Much Will A Divorce Cost?
While the costs of uncontested and contested divorces are very different, they all follow the same principles. A contested divorce is less complicated, but it is more expensive to have 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 a happy marriage where neither side is trying to hide anything. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. However, you should be aware that mediation may not be the best option for every situation.
Uncontested divorces, while more expensive than contested ones, are usually the most affordable. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
Time Required For A Divorce
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 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. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. You may be able even to divorce your spouse without the help of a lawyer in some cases.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are easy and quick, lasting less than six week. Some divorces can take several months to complete. If your spouse is slow to return paperwork, it could take much longer. In either case, a lawyer may be necessary.
The biggest difference between uncontested and litigated divorces is how long it takes. 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.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
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 more common in states that require the use of a lawyer for filing for divorce. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. The most common reasons to hire a lawyer for contested divorces are 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. Many states require a final hearing before a divorce can be final. The final hearing can only be held if both the parties and the judge agree to the settlement. If there is no final hearing required, a judge can sign the judgment. Some states require a waiting phase before a divorce decree can be finalized.
An uncontested divorce requires cooperation from both sides. In an uncontested divorce, both parties agree on the major terms of the divorce, including 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 the uncontested divorce is low. A lawyer can cost as low as $200 in many states.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below