Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?
What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
Many people wonder if it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But is this really necessary? These are the main pros of both. Find out if you need a lawyer for your situation. 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. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. Attorney fees and court fees are usually the same for each, but a contested divorce can incur additional expenses. Child support, maintenance of property, pensions, and property division can be contested in a trial, and the costs of these can increase a couple's total divorce settlement.
Mediated divorce is best for couples who are happy in their marriage and don't want to be accused of anything. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require divorces to be mediated before filing. Judges can also require mediation in some cases. However, you should be aware that mediation may not be the best option for every situation.
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. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. 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?
It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. Both divorces are legal but the first is cheaper. 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. 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. However, each divorce is different and the timeframes can vary. Some divorces take only six weeks and are relatively quick. Some cases take several months to settle. It could take longer if your spouse is slow to complete paperwork. In any case, a lawyer may prove necessary.
Uncontested and contested divorces are distinguished by the length of the proceedings. When one party refuses to negotiate, the entire process can take months or even years. On the other hand, an uncontested divorce can go through relatively quickly, because no one is disputing anything. This type can be more stressful for both spouses, as they will need to spend more time on the divorce.
Uncontested vs Contested Divorce: What are the Requirements?
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. In states that require a lawyer to file for divorce, uncontested divorces are easier to obtain. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. 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. A final hearing is required in many states before a divorce can become final. The final hearing can only be held if both the parties and the judge agree to the settlement. If there is no final hearing required, a judge can sign the judgment. Some states require a waiting phase before a divorce decree can be finalized.
Both parties must cooperate in uncontested divorces. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. Usually, this involves a settlement agreement and the division of marital assets and debts. The judge will then review the agreement and approve final divorce decrees. The cost for an uncontested divorce will be low. 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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