Do you really need a lawyer for a divorce in Arizona?
Are you unsure if you should hire a lawyer in Contested or Uncontested Divorce cases?
Many people wonder whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. But, is it really necessary? Here are the main advantages and disadvantages of each. Read on to decide whether hiring a lawyer is necessary in your particular 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.
Divorce Cost
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. While attorney fees and court costs are generally the same, a contested divorce may incur additional expenses. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. 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, 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. One study revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
How Long Does A Divorce Take?
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, however, are not for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. Sometimes, you might be able to obtain divorce without the need for a lawyer.
Uncontested divorces usually last six weeks, if both you and your spouse are in agreement on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces can be completed in less than six weeks. Others can take months to resolve. It may take longer if your spouse is slow in returning paperwork. In both cases, 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. However, uncontested divorces are much more straightforward because no one disputes anything. This type is often more stressful, so both sides will have to spend more time and more money.
What Is The Requirement to Hire a Lawyer for Contested vs Uncontested Divorce?
It depends on the laws of your state as to whether you need a lawyer for uncontested or contested divorce. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. Most people hire a lawyer to help them with contested divorces.
Before you can decide whether to hire an attorney, it is important to understand the laws governing divorce. 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. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require a waiting phase before a divorce decree can be finalized.
An uncontested divorce requires cooperation from both sides. 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 for an uncontested divorce will be low. 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