Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Many people wonder if they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. Is it really necessary? These are the main benefits and drawbacks of each. You can decide if hiring a lawyer in your specific situation by reading the following. 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
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. 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. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the 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. Mediating can help couples reach a settlement before they file for divorce. Some states require divorces to be mediated before filing. Judges can also require mediation in some cases. However, you should be aware that mediation may not be the best option for every situation.
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 revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
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. While both divorces are legal, the former is much less expensive. 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. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. In some cases, you might even be able get divorce without the assistance of a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Every divorce is different so the timeline can vary. Some divorces are quick and simple, taking less than six weeks. Others may take many months to resolve. It can take even longer if your spouse has been slow in returning paperwork. In any case, a lawyer may prove necessary.
The most obvious difference between contested and uncontested divorces is the length of the process. If one party refuses negotiation, the whole process could take months or even years. Uncontested divorces can be completed quickly because there is no dispute. 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?
It depends on the laws of your state as to whether you need a lawyer for uncontested or contested divorce. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. 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 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. If both parties are happy with the settlement, the divorce proceedings can be finalized. A judge will sign judgments in states that don't require a final hearing. Some states require that there be a waiting period before a divorce is finalized.
Uncontested divorces require the cooperation of both parties. In an uncontested divorce, both parties agree on the major terms of the divorce, including child custody and support. This usually involves a settlement agreement, the division of marital assets, 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 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