Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Many people wonder whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. But is it really necessary to hire a lawyer in a contested versus an uncontested divorce? Here are the main advantages and disadvantages of each. Find out if you need a lawyer for your situation. Don't forget about the pros and cons of each. We'll also talk about the differences in contested and uncontested divorcing.
Divorce Cost
Although the costs of a divorce is more expensive than one that is uncontested, they are still affordable. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. The fees for attorney and court are the same. However, contested divorces can be more costly. 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.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require that divorces be mediate before filing, and judges can require mediation in specific cases. Mediation may not be the best solution for every case.
Although both uncontested and contested divorces cost more, uncontested divorces will be less 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. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.
How Long Does A Divorce Take to Settle?
There are two types of divorce: contested and uncontested. While both divorces are legal, the former is much less expensive. Uncontested divorces may not be 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. Sometimes, you might be able to obtain divorce without the need for 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. Others can take 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. If one party refuses negotiations, the whole process can take many months or even years. A uncontested divorce is much easier because no one is disputing anything. This type can be more stressful for both spouses, as they will need to spend more time on the divorce.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. Uncontested divorces in states that require a divorce lawyer are much easier to obtain. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
Before you can decide whether to hire an attorney, it is important to understand the laws governing divorce. In many states, a final hearing must be held before a divorce is final. Once the parties have reached an agreement, the divorce can be finalized. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require that a waiting period be allowed before a divorce can take place.
An uncontested divorce requires cooperation from both sides. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes child custody and support. Typically, this involves a settlement and division of marital estates and debts. 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 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