Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Are you unsure if you should hire a lawyer in Contested or Uncontested Divorce cases?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But is it really necessary to hire a lawyer in a contested versus an uncontested divorce? Let's look at the pros and cons of each. To determine whether hiring a legal professional is appropriate for your case, read on. You should also consider the other benefits and drawbacks of each. We'll also discuss the differences between contested and uncontested divorces.
Cost of a Divorce
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them both. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. While attorney fees and court costs are generally the same, a contested divorce may incur additional expenses. 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.
Mediated divorce is affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. But mediation may not always be the best option in 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. While an attorney is not required to represent you, it can increase the cost of your divorce. 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 to Settle?
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. While both divorces are legal, the former is much less expensive. Uncontested divorces aren't for everyone. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. If you and your spouse cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. 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. Each divorce is unique, so time frames can vary greatly. Some divorces are quick and simple, taking less than six weeks. Others can take months to resolve. It can take even longer if your spouse has been slow in returning paperwork. A lawyer might be required in either case.
The length of the divorce process is the most noticeable difference between contested and unsuspected. When one party refuses to negotiate, the entire process can take months or even years. 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.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. 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.
It is essential that you understand the laws surrounding divorce before you make a decision about whether or not to hire a legal representative. In many states, a final hearing must be held before a divorce is 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 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. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. After the divorce is final, the judge will review the agreement and approve the final divorce decree. The cost for an uncontested divorce will be low. A lawyer can cost as low as $200 in many states.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below