Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
People often wonder if hiring a lawyer for a contested divorce is better than hiring one for an uncontested. Is it really necessary? These are the main benefits and drawbacks of each. Find out if you need a lawyer for your situation. You should also consider the other benefits and drawbacks of each. We'll also talk about the differences in contested and uncontested divorcing.
Divorce Cost
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them both. While an uncontested divorce is easier to get through, it costs more to file for a trial. The fees for attorney and court are the same. However, contested divorces can be more costly. 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 affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal anything. 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. Mediation may not be the best solution for every case.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. Although an attorney may be able to protect your rights, hiring an attorney can add considerable costs to your divorce proceedings. 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?
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, however, are not 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.
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 cases take several months to settle. If your spouse is slow to return paperwork, it could take much longer. In either case, a lawyer may be necessary.
The main difference between uncontested and contested divorces is their length. If one party refuses negotiations, the whole process can take many months or even years. A uncontested divorce is much easier because no one is disputing anything. This type can be more stressful for both spouses, as they will need to spend more time on the divorce.
Uncontested vs Contested Divorce: What are the Requirements?
The laws in your state will determine whether or not you need to hire a lawyer for contested v or uncontested divorce. Uncontested divorces are less common in states that require lawyers to file for divorce. Uncontested divorces can be less expensive and stressful than contested ones. They also tend to maintain the relationship between the parents. For contested divorces, the most common reasons to hire an attorney are for property division and child custody.
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. Once the parties have reached an agreement, the divorce 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 there be a waiting period before a divorce is finalized.
Uncontested divorces require the cooperation of both parties. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. Most often, this includes a settlement agreement and division of marital debts and assets. The judge will approve the final divorce decree after the divorce is finalized. The uncontested divorce is relatively affordable. 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
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