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 wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But, is it really necessary? These are the main benefits and drawbacks of each. Find out if you need a lawyer for your situation. 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.
How Much Will A Divorce Cost?
While the costs of a contested and uncontested divorce are different, they both have similar costs. A contested divorce is less complicated, but it is more expensive to have a trial. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. 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.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. Mediating can help you and your spouse reach a mutually beneficial settlement agreement before you file for divorce. Some states require that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. It is important to realize that mediation may not work in all cases.
Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. 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% spent $100 or more an hour on an attorney and 20% paid $400.
Time Required For A Divorce
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. Although both are legal, the uncontested divorce is less costly. 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. If you and your spouse cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. Sometimes, you might be able to obtain divorce without the need for a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. The timeframe for divorce can vary depending on the circumstances. Some divorces can be completed in less than six weeks. Others can take months to resolve. It may take longer if your spouse is slow in returning paperwork. A lawyer might be required in either case.
The length of the divorce process is the most noticeable difference between contested and unsuspected. 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 is often more stressful, so both sides will have to spend more time and more money.
Uncontested vs Contested Divorce: What are the Requirements?
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. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. 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. Most states require that a final hearing be held before a divorcing party can legally proceed. 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 that there be a waiting period before a divorce is finalized.
Both parties must cooperate in uncontested divorces. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. Usually, this involves a settlement agreement and the division of marital assets and debts. After the final divorce decree is approved, the judge will read the agreement and sign it. 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