Do you really need a lawyer for a divorce in Arizona?
Are you unsure if you should hire a lawyer in Contested or Uncontested Divorce cases?
Many people wonder if they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. But, do they really need to? Let's look at the pros and cons of each. Find out if you need a lawyer for your situation. And don't forget to check out the other pros and cons of each as well. We'll also be discussing the differences between contested or uncontested divorces.
Cost of a Divorce
While the costs of uncontested and contested divorces are very different, they all follow the same principles. Uncontested divorces are easier to handle, but it's more costly to file for trial. While attorney fees and court costs are generally the same, a contested divorce may incur additional expenses. A trial can resolve disputes about child support, property division, maintenance of property, pensions, or child support. These costs can lead to a greater divorce settlement.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. Mediation can be used to help couples reach a compromise agreement before filing 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. 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 revealed that 11% of respondents paid $100 per hour or more for an attorney while 20% paid $400 or higher.
How Long Does A Divorce Take to Settle?
There are two types of divorce: contested and uncontested. Although both are legal, the uncontested divorce is less costly. Uncontested divorces, however, are not 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 might even be able get divorce without the assistance of a lawyer.
Uncontested divorces usually last six weeks, if both you and your spouse are in agreement on everything. Of course, every divorce is different, so the timeframe can vary considerably. Some divorces are quick and simple, taking less than six weeks. Some divorces can take several months to complete. It can take even longer if your spouse has been slow in returning paperwork. A lawyer might be required in either case.
Uncontested and contested divorces are distinguished by the length of the proceedings. If one party refuses negotiation, the whole process could take months or even years. A uncontested divorce is much easier because no one is disputing anything. This type divorce usually involves more stress which leads to both parties spending more time and money.
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 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. For contested divorces, the most common reasons to hire an attorney are for property division and child custody.
It is essential that you understand the laws surrounding divorce before you make a decision about whether or not to hire a legal representative. Most states require that a final hearing be held before a divorcing party can legally proceed. If both parties are happy with the settlement, the divorce proceedings can be finalized. A judge will sign judgments in states that don't require a final hearing. Some states require a waiting period before a divorce can be finalized.
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. Most often, this includes a settlement agreement and division of marital debts and assets. After the final divorce decree is approved, the judge will read the agreement and sign it. Uncontested divorces are relatively inexpensive. In many states, a lawyer could cost as low as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below