Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Are you unsure if you should hire a lawyer in Contested or Uncontested Divorce cases?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But, do they really need to? These are the main benefits and drawbacks of each. 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'll also discuss the differences between contested and uncontested divorces.
How Much Will A Divorce Cost?
Although the costs of a divorce is more expensive than one that is uncontested, they are still affordable. A contested divorce is less complicated, but it is more expensive to have a trial. While attorney fees and court costs are generally the same, a contested divorce may incur additional expenses. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. 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. However, a contested marriage can cost over $10,000. These costs include attorney fees, court expenses, and miscellaneous expenses. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
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. Both divorces are legal but the first is cheaper. Uncontested divorces aren't for everyone. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key 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 are quick and simple, taking less than six weeks. Others, however, require several months to resolve. It could take longer if your spouse is slow to complete paperwork. In both cases, 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. 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. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. Uncontested divorces can be less expensive and stressful than contested ones. They also tend to maintain the relationship between the parents. 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. Many states require a final hearing before a separation can be made final. Once the parties have reached an agreement, the divorce can be finalized. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting phase before a divorce decree can be finalized.
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. Typically, this involves a settlement and division of marital estates and debts. After the final divorce decree is approved, the judge will read the agreement and sign it. The uncontested divorce is relatively affordable. 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