Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Do you really need a lawyer for a divorce in Arizona?
Many people are unsure if hiring a lawyer to represent them in a contested or uncontested divorce will help save time and money. Is it 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. Also, don't forget the pros and cons. We will also talk about the differences between uncontested and contested divorces.
Divorce Cost
While the costs of a contested and uncontested divorce are different, they both have similar costs. A contested divorce is less complicated, but it is more expensive to have a trial. The attorney fees and court fee are usually the same. However, a divorce that is contested can lead to additional costs. 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 couples who are happy in their marriage and don't want to be accused of anything. Mediation can be used to help couples reach a compromise agreement 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. It is important to realize that mediation may not work in all cases.
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. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.
Will A Divorce Take A Long Time To Settle?
There are two types of divorce: contested and uncontested. While both types of divorce are legal, the cost of the former is significantly less. Uncontested divorces aren't for everyone. Even if you and your spouse have agreed to file for a divorce, this doesn't mean that it's going to be a breeze. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. In some cases, you may even be able to get the divorce without a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are simple and take less than six months. Some cases take several months to settle. It could take longer if your spouse is slow to complete paperwork. In these cases, it may be necessary to hire a lawyer.
Uncontested and contested divorces are distinguished by the length of the proceedings. 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 is often more stressful, so both sides will have to spend more time and more 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. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. For contested divorces, the most common reasons to hire an attorney are for property division and child custody.
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 divorce can be final. The divorce can be finalized if the parties reach an agreement on the settlement. In states that do not require a final hearing, a judge will sign the judgment. Some states require that there be a waiting period before a divorce is finalized.
An uncontested divorce requires cooperation from both sides. In an uncontested divorce, both parties agree on the major terms of the divorce, including 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