Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Are you unsure if you should hire a lawyer in Contested or Uncontested Divorce cases?
Many people are unsure if hiring a lawyer to represent them in a contested or uncontested divorce will help save time and money. Is it really necessary? These are the main pros of both. Learn more to determine if a lawyer is right for you. Don't forget about the pros and cons of each. We'll also be discussing the differences between contested or uncontested divorces.
Cost of a Divorce
While the costs of a contested and uncontested divorce are different, they both have similar costs. Uncontested divorces are easier to handle, but it's more costly to file for trial. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in additional costs. There are many issues that can be litigated during a trial. They include child support, maintenance, pensions and property division. The cost of these items can also increase the couple's final 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 divorces to be mediated before filing. Judges can also require mediation in some cases. It is important to realize that mediation may not work in all cases.
Uncontested divorces, while more expensive than contested ones, are usually the most affordable. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. However, an attorney can help protect your rights and reduce the costs of 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
When you're thinking about getting divorced, you're probably wondering about the differences between a contested and an uncontested divorce. Both divorces are legal but the first is cheaper. Uncontested divorces may not be for everyone. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. In some cases, you might even be able get divorce without the assistance of a lawyer.
Uncontested divorces usually last six weeks, if both you and your spouse are in agreement on everything. The timeframe for divorce can vary depending on the circumstances. Some divorces are simple and take less than six months. Some cases take several months to settle. It might take longer if your spouse takes too long to return paperwork. In any case, a lawyer may prove necessary.
The main difference between uncontested and contested divorces is their length. The whole process can take months, if not years, if one of the parties refuses to compromise. On the other hand, an uncontested divorce can go through relatively quickly, because no one is disputing anything. This type of divorce is more stressful and requires both the parties to invest more time and money.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. Uncontested divorces in states that require a divorce lawyer are much easier to obtain. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. 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. Many states require a final hearing before a separation can be made final. The final hearing can only be held if both the parties and the judge agree to the settlement. If there is no final hearing required, a judge can sign the judgment. Some states require that a waiting period be allowed before a divorce can take place.
Uncontested divorces are only possible with the cooperation of both spouses. 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 divorce is final, the judge will review the agreement and approve the final divorce decree. The cost for an uncontested divorce will be 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