Do you really need a lawyer for a divorce in Arizona?
Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But is this really necessary? Let's look at the pros and cons of each. Read on to decide whether hiring a lawyer is necessary in your particular situation. Check out the pros and con of each. We'll also cover the differences in uncontested and contested divorces.
While the costs of a contested and uncontested divorce are different, they both have similar costs. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. 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.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. A couple can reach a settlement agreement through mediation before filing 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. A contested divorce costs more than $10,000 including attorney fees and court costs. Hiring an attorney can also add significant costs to your divorce, although an attorney can protect your rights. One study found 11% paid $100 or more per an hour to have an attorney represent them, while 20% paid $400.
Will A Divorce Take A Long Time To Settle?
It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces might not be right for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. Sometimes, you might be able to obtain divorce without the need for a lawyer.
Uncontested divorces are usually completed in six weeks if you and your spouse can agree on everything. Each divorce is unique, so time frames can vary greatly. Some divorces are easy and quick, lasting less than six week. Some cases take several months to settle. It can take even longer if your spouse has been slow in returning paperwork. In these cases, it may be necessary to hire a lawyer.
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 of divorce typically involves a lot more stress, which means that both parties have to spend more time and money on the divorce.
Is A Lawyer Required for Contested or Uncontested Divorce
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. Uncontested divorces are more common in states that require the use of a lawyer for filing for divorce. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. 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. If the parties agree to the settlement, then 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 a waiting period be allowed before a divorce can take place.
Both parties must cooperate in uncontested divorces. Uncontested divorces are when both the spouses agree on the main terms of the divorce. This includes child custody and support. This usually involves a settlement agreement, the division of marital assets, and debts. After the final divorce decree is approved, the judge will read the agreement and sign it. The uncontested divorce is relatively 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