Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Are you unsure if you should hire a lawyer in Contested or Uncontested Divorce cases?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. Is it really necessary? These are the main pros of both. To determine whether hiring a legal professional is appropriate for your case, read on. Don't forget about the pros and cons of each. We will also talk about the differences between uncontested and contested divorces.
Cost of a Divorce
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them 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. The costs of child support, maintenance of properties, pensions, and property distribution can all be litigated in court. This can affect a couple’s overall divorce settlement.
Mediated divorce is affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal 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. Mediation may not be the best solution for every case.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous expenses. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
How Long Does A Divorce Take?
It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. While both types of divorce are legal, the cost of the former is significantly less. Uncontested divorces, however, are not for everyone. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. In some cases, you may even be able to get the divorce without a lawyer.
Uncontested divorces are usually completed in six weeks if you and your spouse can agree on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are quick and simple, taking 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 main difference between uncontested and contested divorces is their length. The entire process can be prolonged if one side refuses to negotiate. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type can be more stressful for both spouses, as they will need to spend more time on the divorce.
Is A Lawyer Required for Contested or Uncontested Divorce
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. Uncontested divorces are less stressful and more affordable, and tend to preserve the relationships between the spouses. Most people hire a lawyer to help them with contested divorces.
When determining whether to hire a lawyer, you should first understand the laws regarding 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. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting phase before a divorce decree can be finalized.
The cooperation of both the parties is required for uncontested divorces. An uncontested divorce is when both spouses reach an agreement on the terms of the divorce. Typically, this involves a settlement and division of marital estates and debts. After the divorce is final, the judge will review the agreement and approve the final divorce decree. The cost of an uncontested divorce can be very affordable. In many states, a lawyer could cost as low as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below