Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Do you really need a lawyer for a divorce in Arizona?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But is this really necessary? These are the main benefits and drawbacks of each. Read on to decide whether hiring a lawyer is necessary in your particular situation. Don't forget about the pros and cons of each. We will also talk about the differences between uncontested and contested divorces.
Divorce Cost
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to 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.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. Mediating can help you and your spouse reach a mutually beneficial settlement agreement before you file for divorce. Some states require divorces to be mediated before filing. Judges can also require mediation in some cases. Mediation may not be the best solution for every case.
Uncontested divorces, while more expensive than contested ones, are usually the most affordable. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. Hiring an attorney can also add significant costs to your divorce, although an attorney can 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?
There are two types of divorce: contested and uncontested. Although both are legal, the uncontested divorce is less costly. Uncontested divorces, however, are not for everyone. Although you have reached an agreement to file for divorce, it doesn't guarantee that the process will be straightforward. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. You may be able even to divorce your spouse without the help of a lawyer in some cases.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. Each divorce is unique, so time frames can vary greatly. Some divorces are easy and quick, lasting less than six week. Others, however, require several months to resolve. It could take longer if your spouse is slow to complete paperwork. In these cases, it may be necessary to hire a lawyer.
The most obvious difference between contested and uncontested divorces is the length of the process. The entire process can be prolonged if one side refuses to negotiate. However, uncontested divorces are much more straightforward because no one disputes 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?
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. Uncontested divorces are less stressful and more affordable, and tend to preserve the relationships between the spouses. For contested divorces, the most common reasons to hire an attorney are for property division and child custody.
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 divorce can be final. Once the parties have reached an agreement, the divorce can be finalized. A judge will sign the judgment in cases that do not require a final court hearing. Some states require a waiting phase before a divorce decree can be finalized.
The cooperation of both the parties is required for uncontested divorces. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. This usually involves a settlement agreement, the division of marital assets, and debts. The judge will then review the agreement and approve final divorce decrees. The cost of an uncontested divorce can be very affordable. In many states, a divorce lawyer costs as little as $200.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below