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. But is this really necessary? These are the main benefits and drawbacks of each. You can decide if hiring a lawyer in your specific situation by reading the following. Don't forget about the pros and cons of each. We'll also discuss the differences between contested and uncontested divorces.
Divorce Cost
While the costs of a contested and uncontested divorce are different, they both have similar costs. While an uncontested divorce is easier to get through, it costs more to file for a trial. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in additional costs. Child support, maintenance of property, pensions, and property division can be contested in a trial, and the costs of these can increase a couple's total 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 the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. You should know that mediation might not be the best choice for all situations.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. However, a contested marriage can cost over $10,000. These costs include attorney fees, court expenses, and miscellaneous expenses. 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% spent $100 or more an hour on an attorney and 20% paid $400.
How Long Does A Divorce Take to Settle?
When you're thinking about getting divorced, you're probably wondering about the differences between a contested and an uncontested divorce. While both types of divorce are legal, the cost of the former is significantly less. Uncontested divorces, however, are not 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 usually last six weeks, if both you and your spouse are in agreement on everything. Each divorce is unique, so time frames can vary greatly. Some divorces can be completed in less than six weeks. Others, however, require several months to resolve. It might take longer if your spouse takes too long to return paperwork. In any case, a lawyer may prove necessary.
The most obvious difference between contested and uncontested divorces is the length of the process. If one party refuses negotiations, the whole process can take many months or even years. However, uncontested divorces are much more straightforward because no one disputes anything. This type is often more stressful, so both sides will have to spend more time and more money.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
It depends on the laws of your state as to whether you need a lawyer for uncontested or contested divorce. Uncontested divorces are less common in states that require lawyers to file for divorce. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
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 divorce can be final. If both parties are happy with the settlement, the divorce proceedings can be finalized. In states that do not require a final hearing, a judge will sign the judgment. Some states require that there be a waiting period before a divorce is finalized.
Uncontested divorces require the cooperation of both parties. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. This usually involves a settlement agreement, the division of marital assets, and debts. The judge will then review the agreement and approve final divorce decrees. The cost of an uncontested divorce can be very affordable. 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