Do you really need a lawyer for a divorce in Arizona?
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. 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 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. A contested divorce is less complicated, but it is more expensive to have 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.
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 that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. But mediation may not always be the best option in every case.
Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous expenses. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
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. While both divorces are legal, the former is much less expensive. Uncontested divorces aren't for everyone. It doesn't necessarily mean that a divorce will be easy even if your spouse has agreed to file. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. In some cases, you may even be able to get the divorce without a lawyer.
Uncontested divorces usually last six weeks, if both you and your spouse are in agreement on everything. Each divorce is unique, so time frames can vary greatly. Some divorces are simple and take less than six months. 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 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.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
It depends on the laws of your state as to whether you need a lawyer for uncontested or contested 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 decide whether you want to hire a lawyer, it is important that your understanding of the laws regarding divorce be clear. In many states, a final hearing must be held before a divorce is final. If both parties are happy with the settlement, the divorce proceedings can be finalized. If there is no final hearing required, a judge can sign the judgment. 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 involves a settlement agreement and the division of marital assets and debts. The judge will approve the final divorce decree after the divorce is finalized. 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