Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
Many people wonder whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. But is this really necessary? These are the main pros of both. You can decide if hiring a lawyer in your specific situation by reading the following. Don't forget about the pros and cons of each. We'll also cover the differences in uncontested and contested divorces.
How Much Will A Divorce Cost?
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. 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 a happy marriage where neither side is trying to hide anything. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require that divorces be mediate before filing, and judges can require mediation in specific cases. You should know that mediation might not be the best choice for all situations.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
Time Required For A Divorce
When you're thinking about getting divorced, you're probably wondering about the differences between a contested and an uncontested divorce. 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. 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 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. However, each divorce is different and the timeframes can vary. Some divorces are easy and quick, lasting less than six week. Some cases take several months to settle. It might take longer if your spouse takes too long to return paperwork. In both cases, a lawyer may be necessary.
The biggest difference between uncontested and litigated divorces is how long it takes. 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 divorce usually involves more stress which leads to both parties spending more time and money.
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. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
It is essential that you understand the laws surrounding divorce before you make a decision about whether or not to hire a legal representative. In many states, a final hearing must be held before a divorce is final. If the parties agree to the settlement, then the divorce can be finalized. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting time before a divorce can proceed.
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. Most often, this includes a settlement agreement and division of marital debts and assets. After the final divorce decree is approved, the judge will read the agreement and sign it. The cost of an uncontested divorce can be very affordable. 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