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 whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. But is it really necessary to hire a lawyer in a contested versus an uncontested divorce? Here are the main pros and cons of both. You can decide if hiring a lawyer in your specific situation by reading the following. And don't forget to check out the other pros and cons of each as well. We'll also talk about the differences in contested and uncontested divorcing.
Cost of a Divorce
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. The fees for attorney and court are the same. However, contested divorces can be more costly. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. 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.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. 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.
Time Required For A Divorce
You may be wondering what the difference is between a contested or uncontested divorce when you think about getting divorcéed. Both divorces are legal but the first is cheaper. 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. 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.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are simple and take less than six months. Others, however, require several months to resolve. If your spouse is slow to return paperwork, it could take much longer. A lawyer might be required in either case.
The biggest difference between uncontested and litigated divorces is how long it takes. 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.
Uncontested vs Contested Divorce: What are the Requirements?
The laws in your state will determine whether or not you need to hire a lawyer for contested v or uncontested divorce. 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. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
When determining whether to hire a lawyer, you should first understand the laws regarding divorce. Many states require a final hearing before a separation can be made final. Once the parties have reached an agreement, the divorce can be finalized. If there is no final hearing required, a judge can sign the judgment. Some states require a waiting time before a divorce can proceed.
Uncontested divorces require the cooperation of both parties. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes child custody and support. Usually, this involves a settlement agreement and the division of marital assets and debts. The judge will then review the agreement and approve final divorce decrees. 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