Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
People often wonder if hiring a lawyer for a contested divorce is better than hiring one for an uncontested. But, do they really need to? These are the main pros of both. To determine whether hiring a legal professional is appropriate for your case, read on. Check out the pros and con of each. We'll also cover the differences in uncontested and contested divorces.
Cost of a Divorce
While the costs of a contested and uncontested divorce are different, they both have similar costs. An uncontested divorce is simpler to finalize, but it can cost more to file for a hearing. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. Child support, maintenance of property, pensions, and property division can be contested in a trial, and the costs of these can increase a couple's total divorce settlement.
Mediated divorce is best for couples who are happy in their marriage and don't want to be accused of anything. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require that the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. Mediation may not be the best solution for every case.
Uncontested divorces, while more expensive than contested ones, are usually the most affordable. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous expenses. 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.
How Long Does A Divorce Take to Settle?
There are two types of divorce: contested and uncontested. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces aren't 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.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. However, each divorce is different and the timeframes can vary. Some divorces take only six weeks and are relatively quick. Some cases take several months to settle. If your spouse is slow to return paperwork, it could take much longer. In either case, a lawyer may be 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. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type can be more stressful for both spouses, as they will need to spend more time 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. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. Most people hire a lawyer to help them with contested divorces.
When determining whether to hire a lawyer, you should first understand the laws regarding divorce. In many states, a final hearing must be held before a divorce is final. If both parties are happy with the settlement, the divorce proceedings 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. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. Most often, this includes a settlement agreement and division of marital debts and assets. The judge will then review the agreement and approve final divorce decrees. Uncontested divorces are relatively inexpensive. 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