Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
People often wonder if hiring a lawyer for a contested divorce is better than hiring one for an uncontested. But, 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. You should also consider the other benefits and drawbacks of each. We will also talk about the differences between uncontested and contested divorces.
Cost of a Divorce
While the costs of uncontested and contested divorces are very different, they all follow the same principles. Uncontested divorces are easier to handle, but it's more costly to file for trial. The attorney fees and court fee are usually the same. However, a divorce that is contested can lead to additional costs. The costs of child support, maintenance of properties, pensions, and property distribution can all be litigated in court. This can affect a couple’s overall divorce settlement.
Mediated divorce is best for a happy marriage where neither side is trying to hide anything. Mediating can help couples reach a settlement before they 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.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other 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. 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. If you and your spouse disagree on any significant issues, you should hire the services of an attorney. In certain cases, you may be able obtain the divorce without the involvement of a lawyer.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. The timeframe for divorce can vary depending on the circumstances. Some divorces take only six weeks and are relatively quick. Others, however, require several months to resolve. It might take longer if your spouse takes too long to return 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 negotiations, the whole process can take many months or even years. Uncontested divorces can be completed quickly because there is no dispute. This type divorce usually involves more stress which leads to both parties spending more time and money.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
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 are less stressful and more affordable, and tend to preserve the relationships between the spouses. The most common reasons to hire a lawyer for contested divorces are property division and child custody.
Before you decide whether you want to hire a lawyer, it is important that your understanding of the laws regarding divorce be clear. Most states require that a final hearing be held before a divorcing party can legally proceed. If both parties are happy with the settlement, the divorce proceedings can be finalized. A judge will sign the judgment in cases that do not require a final court hearing. Some states require that a waiting period be allowed before a divorce can take place.
Uncontested divorces require the cooperation of both parties. 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 final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. The uncontested divorce is relatively affordable. 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