Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Do you really need a lawyer for a divorce in Arizona?
Many people are unsure if hiring a lawyer to represent them in a contested or uncontested divorce will help save time and money. But is this really necessary? These are the main benefits and drawbacks of each. 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 be discussing the differences between contested or uncontested divorces.
Cost of a Divorce
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them 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. There are many issues that can be litigated during a trial. They include child support, maintenance, pensions and property division. The cost of these items can also increase the couple's final divorce settlement.
Mediated divorce is best for a happy marriage where neither side is trying to hide anything. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require that the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. It is important to realize that mediation may not work in all cases.
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. 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.
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 may not be for everyone. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. If you and your spouse disagree on any significant issues, you should hire the services of an attorney. In some cases, you might even be able get divorce without the assistance 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 are simple and take less than six months. Others may take many months to resolve. If your spouse is slow to return paperwork, it could take much longer. In either case, a lawyer may be necessary.
The biggest difference between uncontested and litigated divorces is how long it takes. If one party refuses negotiation, the whole process could 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.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. 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. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. Many states require a final hearing before a separation can be made final. The divorce can be finalized if the parties reach an agreement on the settlement. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require that a waiting period be allowed before a divorce can take place.
Uncontested divorces are only possible with the cooperation of both spouses. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. Typically, this involves a settlement and division of marital estates and debts. The judge will approve the final divorce decree after the divorce is finalized. The cost of the uncontested divorce is low. A lawyer can cost as low as $200 in many states.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below