Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Do You Need a Lawyer for a Contested or Uncontested Arizona 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 it really necessary to hire a lawyer in a contested versus an uncontested divorce? These are the main benefits and drawbacks of each. Learn more to determine if a lawyer is right for you. Don't forget about the pros and cons of each. We'll also be discussing the differences between contested or uncontested divorces.
Cost of a Divorce
Although the costs of a divorce is more expensive than one that is uncontested, they are still affordable. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. The attorney fees and court fee are usually the same. However, a divorce that is contested can lead to additional costs. The costs of child support, maintenance of properties, pensions, and property distribution can all be litigated in court. This can affect a couple’s overall divorce settlement.
Mediated divorce is affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require divorces to be mediated before filing. Judges can also require mediation in some cases. But mediation may not always be the best option in every case.
Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. 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.
How Long Does A Divorce Take?
There are two types of divorce: contested and uncontested. Although both are legal, the uncontested divorce is less costly. Uncontested divorces may not be for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. 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. Each divorce is unique, so time frames can vary greatly. Some divorces can be completed in less than six weeks. Some cases take several months to settle. It might take longer if your spouse takes too long to return paperwork. A lawyer might be required in either case.
Uncontested and contested divorces are distinguished by the length of the proceedings. If one party refuses negotiations, the whole process can take many months or even years. Uncontested divorces can be completed quickly because there is no dispute. 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?
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. Uncontested divorces are less common in states that require lawyers to file for divorce. Uncontested divorces tend to be less costly and involve less stress. 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. A final hearing is required in many states before a divorce can become 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 there be a waiting period before a divorce is finalized.
The cooperation of both the parties is required for uncontested divorces. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes child custody and support. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. After the final divorce decree is approved, the judge will read the agreement and sign it. Uncontested divorces are relatively inexpensive. 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