Do you really need a lawyer for a divorce in Arizona?
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. Is it really necessary? These are the main benefits and drawbacks of each. You can decide if hiring a lawyer in your specific situation by reading the following. Also, don't forget the pros and cons. We'll also talk about the differences in contested and uncontested divorcing.
Divorce Cost
While the costs of a contested and uncontested divorce are different, they both have similar costs. A contested divorce is less complicated, but it is more expensive to have a 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.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. Mediating can help couples reach a settlement before they file for divorce. Some states require that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. Mediation may not be the best solution for every case.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
Will A Divorce Take A Long Time To Settle?
You may be wondering what the difference is between a contested or uncontested divorce when you think about getting divorcéed. While both divorces are legal, the former is much less expensive. 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. You will need an attorney or mediator if you and your spouse are unable to agree on important issues. You may be able even to divorce your spouse without the help of a lawyer in some cases.
Uncontested divorces usually last six weeks, if both you and your spouse are in agreement on everything. However, each divorce is different and the timeframes can vary. Some divorces take only six weeks and are relatively quick. Others may take many months to resolve. 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 most obvious difference between contested and uncontested divorces is the length of the process. The whole process can take months, if not years, if one of the parties refuses to compromise. However, uncontested divorces are much more straightforward because no one disputes anything. This type of divorce is more stressful and requires both the parties to invest more time and money.
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 less common in states that require lawyers to file for divorce. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. The most common reasons to hire a lawyer for contested divorces are 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. Many states require a final hearing before a separation can be made final. If both parties are happy with the settlement, the divorce proceedings can be finalized. A judge will sign the judgment in cases that do not require a final court hearing. Some states require a waiting phase before a divorce decree can be finalized.
The cooperation of both the parties is required for uncontested divorces. An uncontested divorce is when both spouses reach an agreement on the terms of the divorce. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. After the final divorce decree is approved, the judge will read the agreement and sign it. The cost for an uncontested divorce will be low. 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