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 whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. But, do they really need to? These are the main pros of both. You can decide if hiring a lawyer in your specific situation by reading the following. 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.
How Much Will A Divorce Cost?
The costs of a contested versus uncontested divorce vary greatly, but the same principles apply to both. Although an uncontested divorce can be more straightforward, it is more expensive to file for a court hearing. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in additional costs. There are many issues that can be litigated during a trial. They include child support, maintenance, pensions and property division. The cost of these items can also increase the couple's final divorce settlement.
If your marriage is amicable and neither party is trying to hide something, a mediated divorce will be the least expensive option. Mediating can help you and your spouse reach a mutually beneficial settlement agreement before you file for divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. It is important to realize that mediation may not work in all cases.
Although both contested or uncontested divorces can be costly, uncontested are typically the most expensive. A contested divorce costs more than $10,000 including attorney fees and court costs. While an attorney is not required to represent you, it can increase the cost of your divorce. One study found 11% paid $100 or more per an hour to have an attorney represent them, while 20% paid $400.
Time Required For A Divorce
If you are thinking of getting divorced, it is likely that you are wondering what the differences are between a uncontested and contested divorce. While both types of divorce are legal, the cost of the former is significantly less. 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. An attorney or mediator can be hired if your spouse and you are not able to reach an agreement on any key 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 can be completed in less than six weeks. Some cases take several months to settle. It could take longer if your spouse is slow to complete paperwork. In either case, a lawyer may be necessary.
Uncontested and contested divorces are distinguished by the length of the proceedings. The whole process can take months, if not years, if one of the parties refuses to compromise. An uncontested divorce, on the other hand can be done quickly as no one is disputing 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
Your state's specific laws will dictate whether you need to hire a legal representative for contested vs uncontested divorce. Uncontested divorces are less common in states that require lawyers to file for divorce. Uncontested divorces are less stressful and more affordable, and tend to preserve the relationships between the spouses. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
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. 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 a waiting period be allowed before a divorce can take place.
An uncontested divorce requires cooperation from both sides. 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. The final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. The cost of the uncontested divorce is low. 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