Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
People often wonder if hiring a lawyer for a contested divorce is better than hiring one for an uncontested. 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. You should also consider the other benefits and drawbacks of each. We will also talk about the differences between uncontested and contested divorces.
How Much Will A Divorce Cost?
While the costs of uncontested and contested divorces are very different, they all follow the same principles. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. There are many issues that can be litigated during a trial. They include child support, maintenance, pensions and property division. The cost of these items can also increase the couple's final divorce settlement.
Mediated divorce is best for a happy marriage where neither side is 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 that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. Mediation may not be the best solution for every case.
Uncontested divorces, while more expensive than contested ones, are usually the most affordable. A contested divorce costs more than $10,000 including attorney fees and court costs. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
How Long Does A Divorce Take?
When you're thinking about getting divorced, you're probably wondering about the differences between a contested and an uncontested divorce. Although both are legal, uncontested divorces tend to be less expensive. However, uncontested divorces are not 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. If you and your spouse cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. 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. Every divorce is different so the timeline can vary. Some divorces are quick and simple, taking less than six weeks. Some divorces can take several months to complete. It might take longer if your spouse takes too long to return paperwork. In either case, a lawyer may be necessary.
The length of the divorce process is the most noticeable difference between contested and unsuspected. When one party refuses to negotiate, the entire process can take months or even years. On the other hand, an uncontested divorce can go through relatively quickly, because no one is disputing anything. This type divorce usually involves more stress which leads to both parties spending more time and money.
What Is The Requirement to Hire a Lawyer for Contested vs Uncontested 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. Uncontested divorces tend to be less costly and involve less stress. Most people hire a lawyer to help them with contested divorces.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. Most states require that a final hearing be held before a divorcing party can legally proceed. The final hearing can only be held if both the parties and the judge agree to the settlement. 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.
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. Most often, this includes a settlement agreement and division of marital debts and assets. The judge will approve the final divorce decree after the divorce is finalized. The cost of the uncontested divorce is low. In many states, a lawyer may cost as little as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below