Do you really need a lawyer for a divorce in Arizona?
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. Is it really necessary? Let's look at the pros and cons 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 talk about the differences in contested and uncontested divorcing.
Cost of a Divorce
While the costs of a contested and uncontested divorce are different, they both have similar costs. While an uncontested divorce is easier to get through, it costs more to file for a trial. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. A trial can resolve disputes about child support, property division, maintenance of property, pensions, or child support. These costs can lead to a greater 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 the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. You should know that mediation might not be the best choice for all situations.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. However, a contested marriage can cost over $10,000. These costs include attorney fees, court expenses, and miscellaneous expenses. An attorney can be costly, but it can help you protect your rights. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
Time Required For A Divorce
It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. While both types of divorce are legal, the cost of the former is significantly less. 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/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. You may be able even to divorce your spouse without the help of a lawyer in some cases.
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 are easy and quick, lasting less than six week. Some cases take several months to settle. It may take longer if your spouse is slow in returning paperwork. A lawyer might be required in either case.
The length of the divorce process is the most noticeable difference between contested and unsuspected. If one party refuses negotiation, the whole process could 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.
Is A Lawyer Required for Contested or Uncontested Divorce
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. 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 to retain a lawyer for your divorce, make sure that you are familiar with the laws. 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. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting phase before a divorce decree can be finalized.
Uncontested divorces require the cooperation of both parties. An uncontested divorce is when both spouses reach an agreement on the terms of the divorce. This usually involves a settlement agreement, the division of marital assets, and debts. The final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. The cost of an uncontested divorce can be very affordable. 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