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 this really necessary? Here are the main advantages and disadvantages of each. You can decide if hiring a lawyer in your specific situation by reading the following. Also, don't forget the pros and cons. We'll also discuss the differences between contested and uncontested divorces.
How Much Will A Divorce Cost?
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them both. Uncontested divorces are easier to handle, but it's more costly to file for trial. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in additional costs. 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 affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. Mediation can be used to help couples reach a compromise agreement before filing for divorce. Some states require that divorces be mediate before filing, and judges can require mediation in specific cases. 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. However, a contested marriage can cost over $10,000. These costs include attorney fees, court expenses, and miscellaneous expenses. An attorney can be costly, but it can help you 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
There are two types of divorce: contested and uncontested. Although both are legal, the uncontested divorce is less costly. Uncontested divorces might not be right 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. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. In certain cases, you may be able obtain the divorce without the involvement of a lawyer.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. The timeframe for divorce can vary depending on the circumstances. Some divorces are quick and simple, taking less than six weeks. Others, however, require several 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 negotiations, the whole process can take many 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?
The laws in your state will determine whether or not you need to hire a lawyer for contested v or uncontested divorce. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
Before you decide whether you want to hire a lawyer, it is important that your understanding of the laws regarding divorce be clear. 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 that a waiting period be allowed before a divorce can take place.
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 will involve a settlement agreement as well as the division and payment of marital property and debts. After the divorce is final, the judge will review the agreement and approve the final divorce decree. The cost of an uncontested divorce can be very affordable. In some states, a lawyer might cost as little as 200 dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below