Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?
What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
People often wonder if hiring a lawyer for a contested divorce is better than hiring one for an uncontested. 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. Don't forget about the pros and cons of each. We'll also discuss the differences between contested and uncontested divorces.
Divorce Cost
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them both. Uncontested divorces are easier to handle, but it's more costly to file for trial. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in additional costs. 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. A couple can reach a settlement agreement through mediation 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. 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. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. Hiring an attorney can also add significant costs to your divorce, although an attorney can protect your rights. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.
Will A Divorce Take A Long Time To Settle?
There are two types of divorce: contested and uncontested. While both types of divorce are legal, the cost of the former is significantly less. Uncontested divorces, however, are not for everyone. Although you have reached an agreement to file for divorce, it doesn't guarantee that the process will be straightforward. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. In some cases, you may even be able to get the divorce without a lawyer.
Uncontested divorces are usually completed in six weeks if you and your spouse can agree on everything. Every divorce is different so the timeline can vary. Some divorces are quick and simple, taking less than six weeks. Some cases take several months to settle. It could take longer if your spouse is slow to complete paperwork. A lawyer might be required in either case.
The length of the divorce process is the most noticeable difference between contested and unsuspected. 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 divorce usually involves more stress which leads to both parties spending more time and money.
For Contested and Uncontested Divorces, You May Need to Have a Lawyer
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. Uncontested divorces are more common in states that require the use of a lawyer for filing for divorce. Uncontested divorces tend to be less costly and involve less stress. The most common reasons to hire a lawyer for contested divorces are 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. 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. A judge will sign the judgment in cases that do not require a final court hearing. Some states require a waiting period before a divorce can be finalized.
Both parties must cooperate in uncontested divorces. In an uncontested divorce, both parties agree on the major terms of the divorce, including child custody and support. This usually involves a settlement agreement, the division of marital assets, and debts. The judge will then review the agreement and approve final divorce decrees. Uncontested divorces are relatively inexpensive. 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
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