Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
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? Here are the main advantages and disadvantages of each. You can decide if hiring a lawyer in your specific situation by reading the following. Also, don't forget the pros and cons. We will also talk about the differences between uncontested and contested divorces.
Divorce Cost
While the costs of uncontested and contested divorces are very different, they all follow the same principles. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. The attorney fees and court fee are usually the same. However, a divorce that is contested can lead to additional costs. The costs of child support, maintenance of properties, pensions, and property distribution can all be litigated in court. This can affect a couple’s overall divorce settlement.
Mediated divorce is best for a happy marriage where neither side is trying to hide anything. Mediating can help you and your spouse reach a mutually beneficial settlement agreement before you file for divorce. Some states require that the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. Mediation may not be the best solution for every case.
Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. However, an attorney can help protect your rights and reduce the costs of 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. 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. However, each divorce is different and the timeframes can vary. Some divorces take only six weeks and are relatively quick. Some divorces can take several months to complete. It can take even longer if your spouse has been slow in returning paperwork. In either case, a lawyer may be necessary.
The biggest difference between uncontested and litigated divorces is how long it takes. When one party refuses to negotiate, the entire process can take months or even years. However, uncontested divorces are much more straightforward because no one disputes anything. This type can be more stressful for both spouses, as they will need to spend more time on the divorce.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces are more common in states that require the use of a lawyer for filing for divorce. Uncontested divorces can be less expensive and stressful than contested ones. They also tend to maintain the relationship between the parents. 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. Most states require that a final hearing be held before a divorcing party can legally proceed. 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 a waiting time before a divorce can proceed.
An uncontested divorce requires cooperation from both sides. An uncontested divorce is when both spouses reach an agreement on the terms of the divorce. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. The final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. The uncontested divorce is relatively affordable. 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