Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
Many people wonder whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. Is it really necessary? These are the main benefits and drawbacks of each. Read on to decide whether hiring a lawyer is necessary in your particular situation. You should also consider the other benefits and drawbacks of each. We'll also cover the differences in uncontested and contested divorces.
Divorce Cost
Although the costs of a divorce is more expensive than one that is uncontested, they are still affordable. A contested divorce is less complicated, but it is more expensive to have a trial. While attorney fees and court costs are generally the same, a contested divorce may 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.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. Mediation can be used to help couples reach a compromise agreement before filing for divorce. Some states require that divorces be mediate before filing, and judges can require mediation in specific cases. You should know that mediation might not be the best choice for all situations.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. An attorney can be costly, but it can help you protect your rights. 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?
When you're thinking about getting divorced, you're probably wondering about the differences between a contested and an uncontested divorce. While both types of divorce are legal, the cost of the former is significantly less. Uncontested divorces aren't for everyone. Even if you and/or your spouse have made an agreement to file for divorce it does not mean that it will be easy. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. You may be able even to divorce your spouse without the help of a lawyer in some cases.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are easy and quick, lasting less than six week. Others, however, require several months to resolve. It could take longer if your spouse is slow to complete paperwork. In any case, a lawyer may prove necessary.
The biggest difference between uncontested and litigated divorces is how long it takes. When one party refuses to negotiate, the entire process can take months or even years. However, uncontested divorces are much more straightforward because no one disputes anything. This type divorce usually involves more stress which leads to both parties spending more time and money.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces are less common in states that require lawyers to file for divorce. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
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 divorce can be 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 there be a waiting period before a divorce is finalized.
Uncontested divorces are only possible with the cooperation of both spouses. 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 cost of an uncontested divorce can be very affordable. In many states, a divorce lawyer costs as little as $200.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below