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? Here are the main advantages and disadvantages of each. Learn more to determine if a lawyer is right for you. Don't forget about the pros and cons of each. We'll also discuss the differences between contested and uncontested divorces.
Divorce Cost
While the costs of uncontested and contested divorces are very different, they all follow the same principles. While an uncontested divorce is easier to get through, it costs more to file for a trial. 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.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. Mediation can be used to help couples reach a compromise agreement 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.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. Although an attorney may be able to protect your rights, hiring an attorney can add considerable costs to your divorce proceedings. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
How Long Does A Divorce Take?
You may be wondering what the difference is between a contested or uncontested divorce when you think about getting divorcéed. Although both are legal, the uncontested divorce is less costly. Uncontested divorces might not be right 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. In certain cases, you may be able obtain the divorce without the involvement of a lawyer.
An uncontested divorce is usually only six weeks long if your spouse and you agree on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are easy and quick, lasting less than six week. Others may take many months to resolve. 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. Uncontested divorces can be completed quickly because there is no dispute. This type can be more stressful for both spouses, as they will need to spend more time on the divorce.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific 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. Most people hire a lawyer to help them with contested divorces.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. A final hearing is required in many states before a divorce can become final. If both parties are happy with the settlement, the divorce proceedings can be finalized. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require that a waiting period be allowed before a divorce can take place.
An uncontested divorce requires cooperation from both sides. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. 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. Uncontested divorces are relatively inexpensive. 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