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?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But, do they really need to? These are the main benefits and drawbacks of each. To determine whether hiring a legal professional is appropriate for your case, read on. Check out the pros and con of each. We'll also cover the differences in uncontested and contested divorces.
Cost of a Divorce
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. Uncontested divorces are easier to handle, but it's more costly to file for trial. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. There are many issues that can be litigated during a trial. They include child support, maintenance, pensions and property division. The cost of these items can also increase the couple's final 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 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.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous expenses. An attorney can be costly, but it can help you protect your rights. 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?
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 your spouse have agreed to file for a divorce, this doesn't mean that it's going to be a breeze. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key issues. Sometimes, you might be able to obtain divorce without the need for a lawyer.
A uncontested divorce can usually take six weeks if the spouse agrees on everything. The timeframe for divorce can vary depending on the circumstances. Some divorces take only six weeks and are relatively quick. Some divorces can take several months to complete. It may take longer if your spouse is 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. The entire process can be prolonged if one side refuses to negotiate. 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.
Is A Lawyer Required for Contested or Uncontested Divorce
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces can be obtained in those states that require you to hire a lawyer to file your divorce papers. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. Property division and child custody are the most common reasons for hiring a lawyer in contested divorce cases.
It is essential that you understand the laws surrounding divorce before you make a decision about whether or not to hire a legal representative. Many states require a final hearing before a divorce can be 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 a waiting time before a divorce can proceed.
Uncontested divorces are only possible with the cooperation of both spouses. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes 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 final divorce decree is approved, the judge will read the agreement and sign it. The cost of an uncontested divorce can be very affordable. In some states, a lawyer might cost as little as 200 dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below