Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
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. But is it really necessary to hire a lawyer in a contested versus an uncontested divorce? Here are the main pros and cons of both. Read on to decide whether hiring a lawyer is necessary in your particular situation. Don't forget about the pros and cons 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. An uncontested divorce is simpler to finalize, but it can cost more to file for a hearing. 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 affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. Mediation can help a couple reach a settlement agreement before filing for a 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.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous expenses. Hiring an attorney can also add significant costs to your divorce, although an attorney can protect your rights. One study found 11% paid $100 or more per an hour to have an attorney represent them, while 20% paid $400.
How Long Does A Divorce Take?
It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces might not be right for everyone. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. 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. Each divorce is unique, so time frames can vary greatly. Some divorces are quick and simple, taking less than six weeks. Some divorces can take several months to complete. It may take longer if your spouse is slow in returning paperwork. In both cases, a lawyer may be necessary.
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. However, uncontested divorces are much more straightforward because no one disputes anything. This type of divorce typically involves a lot more stress, which means that both parties have to spend more time and money on the divorce.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces are more common in states that require the use of a lawyer for filing for divorce. 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. 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. An uncontested divorce is when both spouses reach an agreement on the terms of the divorce. 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 for an uncontested divorce will be low. 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