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 if they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. But, do they really need to? Let's look at the pros and cons of each. Find out if you need a lawyer for your situation. You should also consider the other benefits and drawbacks of each. We'll also be discussing the differences between contested or uncontested divorces.
Divorce Cost
While the costs of a contested and uncontested divorce are different, they both have similar costs. 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.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require that divorces be mediate before filing, and judges can require mediation in specific cases. Mediation may not be the best solution for every case.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. A contested divorce costs more than $10,000 including attorney fees and court costs. 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.
Will A Divorce Take A Long Time To Settle?
There are two types of divorce: contested and uncontested. Although both are legal, the uncontested divorce is less costly. However, uncontested divorces are not 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. If you and your spouse cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. In certain cases, you may be able obtain the divorce without the involvement 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 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 any case, a lawyer may prove necessary.
The length of the divorce process is the most noticeable difference between contested and unsuspected. If one party refuses negotiation, the whole process could take months or even years. Uncontested divorces can be completed quickly because there is no dispute. 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?
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. Uncontested divorces tend to be less costly and involve less stress. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. A final hearing is required in many states before a divorce can become final. The final hearing can only be held if both the parties and the judge agree to the settlement. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting period before a divorce can be finalized.
An uncontested divorce requires cooperation from both sides. 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. The judge will approve the final divorce decree after the divorce is finalized. The cost for an uncontested divorce will be low. 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