Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
Many people wonder if they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. But, is it really necessary? These are the main benefits and drawbacks of each. Learn more to determine if a lawyer is right for you. 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
While the costs of uncontested and contested divorces are very different, they all follow the same principles. 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. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
Mediated divorce is best for a happy marriage where neither side is trying to hide anything. Mediation can be used to help couples reach a compromise agreement before filing for divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. It is important to realize that mediation may not work in all cases.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
How Long Does A Divorce Take to Settle?
It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces may not be 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. In some cases, you might even be able get divorce without the assistance of a lawyer.
Uncontested divorces are usually completed in six weeks if you and your spouse can agree on everything. However, each divorce is different and the timeframes can vary. Some divorces are easy and quick, lasting less than six week. Others can take months to resolve. It can take even longer if your spouse has been slow in returning paperwork. In any case, a lawyer may prove necessary.
Uncontested and contested divorces are distinguished by the length of the proceedings. 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 of divorce typically involves a lot more stress, which means that both parties have to spend more time and money on the divorce.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
It depends on the laws of your state as to whether you need a lawyer for uncontested or contested divorce. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. Uncontested divorces tend to be less costly and involve less stress. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
Before you can decide whether to hire an attorney, it is important to understand the laws governing divorce. Many states require a final hearing before a separation can be made final. The final hearing can only be held if both the parties and the judge agree to the settlement. A judge will sign the judgment in cases that do not require a final court hearing. Some states require a waiting period before a divorce 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. Usually, this involves a settlement agreement and the division of marital assets and debts. After the final divorce decree is approved, the judge will read the agreement and sign it. The cost of an uncontested divorce can be very affordable. 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