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 if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But is this really necessary? Here are the main pros and cons of both. Learn more to determine if a lawyer is right for you. Don't forget about the pros and cons of each. We'll also cover the differences in uncontested and contested divorces.
Cost of a Divorce
While the costs of a contested and uncontested divorce are different, they both have similar costs. 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. 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. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. It is important to realize that mediation may not work in all cases.
Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
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. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces aren't for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. 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.
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 are quick and simple, taking less than six weeks. Some divorces can take several months to complete. If your spouse is slow to return paperwork, it could take much longer. In any case, a lawyer may prove necessary.
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. 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.
Uncontested vs Contested Divorce: What are the Requirements?
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. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
Before you decide whether you want to hire a lawyer, it is important that your understanding of the laws regarding divorce be clear. Many states require a final hearing before a divorce can be final. The final hearing can only be held if both the parties and the judge agree to the settlement. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require a waiting phase before a divorce decree can be finalized.
Both parties must cooperate in uncontested divorces. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. This usually involves a settlement agreement, the division of marital assets, and debts. The judge will then review the agreement and approve final divorce decrees. Uncontested divorces are relatively inexpensive. 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