Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Many people wonder whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. But, do they really need to? Here are the main pros and cons of both. Find out if you need a lawyer for your situation. You should also consider the other benefits and drawbacks of each. We'll also cover the differences in uncontested and contested divorces.
Cost of a Divorce
While the costs of uncontested and contested divorces are very different, they all follow the same principles. An uncontested divorce is simpler to finalize, but it can cost more to file for a hearing. While attorney fees and court costs are generally the same, a contested divorce may incur additional expenses. 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 best for couples who are happy in their marriage and don't want to be accused of 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. You should know that mediation might not be the best choice for all situations.
Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other 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?
There are two types of divorce: contested and uncontested. Both divorces are legal but the first is cheaper. Uncontested divorces may not be for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. 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. Others, however, require several months to resolve. It may take longer if your spouse is slow in returning paperwork. In any case, a lawyer may prove necessary.
The length of the divorce process is the most noticeable difference between contested and unsuspected. When one party refuses to negotiate, the entire process can take months or even years. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type of divorce is more stressful and requires both the parties to invest more time and money.
Uncontested vs Contested Divorce: What are the Requirements?
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 less common in states that require lawyers to file for divorce. Uncontested divorces are less stressful and more affordable, and tend to preserve the relationships between the spouses. 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. A final hearing is required in many states before a divorce can become final. The divorce can be finalized if the parties reach an agreement on the settlement. A judge will sign the judgment in cases that do not require a final court hearing. Some states require a waiting phase before a divorce decree can be finalized.
An uncontested divorce requires cooperation from both sides. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes child custody and support. Most often, this includes a settlement agreement and division of marital debts and assets. The judge will then review the agreement and approve final divorce decrees. 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