Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But, is it really necessary? These are the main pros of both. Find out if you need a lawyer for your situation. You should also consider the other benefits and drawbacks of each. We'll also cover the differences in uncontested and contested divorces.
Cost of a Divorce
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court 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.
Mediated divorce is best for couples who are happy in their marriage and don't want to be accused of anything. Mediating can help couples reach a settlement before they file for divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. 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. Hiring an attorney can also add significant costs to your divorce, although an attorney can protect your rights. One study found 11% paid $100 or more per an hour to have an attorney represent them, while 20% paid $400.
Time Required For A Divorce
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces aren't for everyone. Although you have reached an agreement to file for divorce, it doesn't guarantee that the process will be straightforward. If you and your spouse disagree on any significant issues, you should hire the services of an attorney. In certain cases, you may be able obtain the divorce without the involvement of a lawyer.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. Every divorce is different so the timeline can vary. Some divorces are simple and take less than six months. Some divorces can take several months to complete. It could take longer if your spouse is slow to complete paperwork. In both cases, a lawyer may be necessary.
The main difference between uncontested and contested divorces is their length. 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.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. 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 decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. Most states require that a final hearing be held before a divorcing party can legally proceed. If the parties agree to the settlement, then the divorce 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 time before a divorce can proceed.
Uncontested divorces are only possible with the cooperation of both spouses. In an uncontested divorce, both parties agree on the major terms of the divorce, including child custody and support. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. The final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. 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