Do You Need a Lawyer for a Contested or 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. And don't forget to check out the other pros and cons of each as well. We'll also cover the differences in uncontested and contested divorces.
Cost of a Divorce
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. An uncontested divorce is simpler to finalize, but it can cost more to file for a hearing. Attorney fees and court fees are usually the same for each, but a contested divorce can 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.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. Mediation may not be the best solution for every case.
Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous expenses. An attorney can be costly, but it can help you protect your rights. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.
How Long Does A Divorce Take?
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 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. In some cases, you might even be able get divorce without the assistance of a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. However, each divorce is different and the timeframes can vary. Some divorces are quick and simple, taking less than six weeks. Some divorces can take several months to complete. It can take even longer if your spouse has been slow in returning paperwork. In these cases, it may be necessary to hire a lawyer.
The biggest difference between uncontested and litigated divorces is how long it takes. If one party refuses negotiations, the whole process can take many 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.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
The laws in your state will determine whether or not you need to hire a lawyer for contested v or uncontested divorce. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. 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.
It is essential that you understand the laws surrounding divorce before you make a decision about whether or not to hire a legal representative. A final hearing is required in many states before a divorce can become final. If both parties are happy with the settlement, the divorce proceedings can be finalized. In states that do not require a final hearing, a judge will sign the judgment. 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. 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