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 they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. But, is it really necessary? These are the main pros of both. 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'll also be discussing the differences between contested or uncontested divorces.
Cost of a Divorce
While the costs of uncontested and contested divorces are very different, they all follow the same principles. 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.
Mediated divorce is best for couples who are happy in their marriage and don't want to be accused of anything. Mediating can help you and your spouse reach a mutually beneficial settlement agreement before you file for divorce. Some states require that the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. But mediation may not always be the best option in every case.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. A contested divorce costs more than $10,000 including attorney fees and court costs. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found 11% paid $100 or more per an hour to have an attorney represent them, while 20% paid $400.
Time Required For A Divorce
You may be wondering what the difference is between a contested or uncontested divorce when you think about getting divorcéed. While both divorces are legal, the former is much 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. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. 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. Each divorce is unique, so time frames can vary greatly. Some divorces are quick and simple, taking less than six weeks. Others may take many months to resolve. It could take longer if your spouse is slow to complete paperwork. In either case, a lawyer may be 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. A uncontested divorce is much easier because no one is disputing anything. This type divorce usually involves more stress which leads to both parties spending more time and money.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. 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. For contested divorces, the most common reasons to hire an attorney are for property division and child custody.
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. If both parties are happy with the settlement, the divorce proceedings can be finalized. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting period before a divorce can be finalized.
The cooperation of both the parties is required for uncontested divorces. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. Most often, this includes a settlement agreement and division of marital debts and assets. After the divorce is final, the judge will review the agreement and approve the final divorce decree. 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