Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Do You Need a Lawyer for a Contested or 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? Here are the main advantages and disadvantages 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 cover the differences in 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. The fees for attorney and court are the same. However, contested divorces can be more costly. 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 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. 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. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. Hiring an attorney can also add significant costs to your divorce, although an attorney can protect your rights. 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?
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, uncontested divorces tend to be less expensive. 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. In some cases, you may even be able to get the divorce without a lawyer.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. Each divorce is unique, so time frames can vary greatly. Some divorces take only six weeks and are relatively quick. Some divorces can take several months to complete. If your spouse is slow to return paperwork, it could take much longer. In any case, a lawyer may prove necessary.
The length of the divorce process is the most noticeable difference between contested and unsuspected. The entire process can be prolonged if one side refuses to negotiate. On the other hand, an uncontested divorce can go through relatively quickly, because no one is disputing anything. This type is often more stressful, so both sides will have to spend more time and more money.
Is A Lawyer Required for Contested or Uncontested Divorce
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. Uncontested divorces are less stressful and more affordable, and tend to preserve the relationships between the spouses. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
When determining whether to hire a lawyer, you should first understand the laws regarding divorce. In many states, a final hearing must be held before a divorce is final. If both parties are happy with the settlement, the divorce proceedings can be finalized. A judge will sign the judgment in cases that do not require a final court hearing. Some states require that a waiting period be allowed before a divorce can take place.
Uncontested divorces require the cooperation of both parties. In an uncontested divorce, both parties agree on the major terms of the divorce, including child custody and support. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. The judge will approve the final divorce decree after the divorce is finalized. The cost of an uncontested divorce can be very affordable. In some states, a lawyer might cost as little as 200 dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below