Do you really need a lawyer for a divorce in Arizona?
Are you unsure if you should hire a lawyer in Contested or Uncontested Divorce cases?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But, do they really need to? Let's look at the pros and cons of each. Learn more to determine if a lawyer is right for you. Check out the pros and con of each. We'll also cover the differences in uncontested and contested divorces.
Divorce Cost
While the costs of uncontested and contested divorces are very different, they all follow the same principles. 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. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
Mediated divorce is affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. Mediating can help couples reach a settlement before they file for divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. You should know that mediation might not be the best choice for all situations.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. A contested divorce costs more than $10,000 including attorney fees and court costs. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
How Long Does A Divorce Take?
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces might not be right 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.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Each divorce is unique, so time frames can vary greatly. Some divorces are simple and take less than six months. Some cases take several months to settle. It can take even longer if your spouse has been slow in returning paperwork. In both cases, a lawyer may be necessary.
Uncontested and contested divorces are distinguished by the length of the proceedings. The entire process can be prolonged if one side refuses to negotiate. On the other hand, an uncontested divorce can go through relatively quickly, because no one is disputing anything. This type is often more stressful, so both sides will have to spend more time and more money.
What Is The Requirement to Hire a Lawyer for Contested vs Uncontested Divorce?
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. Uncontested divorces in states that require a divorce lawyer are much easier to obtain. 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. Many states require a final hearing before a separation can be made final. 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 that there be a waiting period before a divorce is finalized.
Uncontested divorces require the cooperation of both parties. 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. After the final divorce decree is approved, the judge will read the agreement and sign it. The cost of the uncontested divorce is low. In many states, a lawyer could cost as low as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below