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 they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. But is this really necessary? Here are the main pros and cons of both. Learn more to determine if a lawyer is right for you. And don't forget to check out the other pros and cons of each as well. We'll also talk about the differences in contested and uncontested divorcing.
Divorce Cost
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. 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. 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.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. Mediation may not be the best solution for every case.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. The costs of a contested divorcing can reach $10,000. This includes attorney fees, court costs and any other miscellaneous costs. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. One study found that 11% of respondents paid an attorney $100 or more per hour, while 20% paid $400 or more.
How Long Does A Divorce Take to Settle?
You may be wondering what the difference is between a contested or uncontested divorce when you think about getting divorcéed. 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. 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 can be completed in less than six weeks. Others can take months to resolve. 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. 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.
What Is The Requirement to Hire a Lawyer for Contested vs 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. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
Before you can decide whether to hire an attorney, it is important to understand the laws governing divorce. Many states require a final hearing before a separation can be made final. The final hearing can only be held if both the parties and the judge agree to the settlement. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require that there be a waiting period before a divorce is finalized.
Uncontested divorces are only possible with the cooperation of both spouses. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights 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