Do you really need a lawyer for a divorce in Arizona?
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. 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. Check out the pros and con of each. We'll also cover the differences in uncontested and contested divorces.
Divorce Cost
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. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in 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.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. 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. Mediation may not be the best solution for every case.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. However, a contested marriage can cost over $10,000. These costs include attorney fees, court expenses, and miscellaneous expenses. Although an attorney may be able to protect your rights, hiring an attorney can add considerable costs to your divorce proceedings. One study revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
How Long Does A Divorce Take?
There are two types of divorce: contested and uncontested. Although both are legal, uncontested divorces tend to be less expensive. However, uncontested divorces are not 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 your spouse cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. You may be able even to divorce your spouse without the help of a lawyer in some cases.
Uncontested divorces are usually completed in six weeks if you and your spouse can agree on everything. However, each divorce is different and the timeframes can vary. Some divorces are simple and take less than six months. Others may take many months to resolve. It can take even longer if your spouse has been slow in returning paperwork. In both cases, a lawyer may be necessary.
The main difference between uncontested and contested divorces is their length. The entire process can be prolonged if one side refuses to negotiate. On the other hand, an uncontested divorce can go through relatively quickly, because no one is disputing anything. This type divorce usually involves more stress which leads to both parties spending more time and money.
Is A Lawyer Required for Contested or Uncontested Divorce
It depends on the laws of your state as to whether you need a lawyer for uncontested or contested divorce. Uncontested divorces are more common in states that require the use of a lawyer for filing for divorce. Uncontested divorces tend to be less costly and involve less stress. Most people hire a lawyer to help them with contested divorces.
Before you can decide whether to hire an attorney, it is important to understand the laws governing divorce. A final hearing is required in many states before a divorce can become final. The final hearing can only be held if both the parties and the judge agree to the settlement. 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 are only possible with the cooperation of both spouses. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. After the final divorce decree is approved, the judge will read the agreement and sign it. The uncontested divorce is relatively affordable. In many states, a divorce lawyer costs as little as $200.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below