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 if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. 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. Also, don't forget the pros and cons. We will also talk about the differences between uncontested and contested divorces.
Cost of a Divorce
Although the costs of a divorce is more expensive than one that is uncontested, they are still affordable. While an uncontested divorce is easier to get through, it costs more to file for a trial. The fees for attorney and court are the same. However, contested divorces can be more costly. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
Mediated divorce is best for a happy marriage where neither side is trying to hide 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. It is important to realize that mediation may not work in all cases.
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. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
Will A Divorce Take A Long Time To Settle?
You may be wondering what the difference is between a contested or uncontested divorce when you think about getting divorcéed. While both types of divorce are legal, the cost of the former is significantly less. Uncontested divorces might not be right 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.
Uncontested divorces are usually completed in six weeks if you and your spouse can agree on everything. Every divorce is different so the timeline can vary. Some divorces are simple and take less than six months. Others can take months to resolve. If your spouse is slow to return paperwork, it could take much longer. In either case, a lawyer may be necessary.
Uncontested and contested divorces are distinguished by the length of the proceedings. If one party refuses negotiations, the whole process can take many months or even years. A uncontested divorce is much easier because no one is disputing anything. This type of divorce is more stressful and requires both the parties to invest more time and money.
What Is The Requirement to Hire a Lawyer for Contested vs 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 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 can decide whether to hire an attorney, it is important to understand the laws governing divorce. 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. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require that there be a waiting period before a divorce is finalized.
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. Typically, this involves a settlement and division of marital estates and debts. The judge will approve the final divorce decree after the divorce is finalized. 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