Do you really need a lawyer for a divorce in Arizona?
Do You Need a Lawyer for a Contested or Uncontested Arizona 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? These are the main benefits and drawbacks of each. To determine whether hiring a legal professional is appropriate for your case, read on. You should also consider the other benefits and drawbacks of each. 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. The fees for attorney and court are the same. However, contested divorces can be more costly. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
A mediated divorce is the best option if your marriage is peaceful and you are not trying to hide anything. Mediation can be used to help couples reach a compromise agreement before filing for divorce. Some states require that divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. It is important to realize that mediation may not work in all cases.
Both contested and uncontested divorcing are costly, but uncontested divorces tend to be the least expensive. However, a contested marriage can cost over $10,000. These costs include attorney fees, court expenses, and miscellaneous expenses. An attorney can be costly, but it can help you protect your rights. One study found that 11% spent $100 or more an hour on an attorney and 20% paid $400.
How Long Does A Divorce Take?
There are two types of divorce: contested and uncontested. While both divorces are legal, the former is much less expensive. Uncontested divorces, however, are not for everyone. Even if you have agreed to file for divorce, that doesn't mean it will be an easy process. If you and your spouse cannot agree on any important issues, you'll need to engage the services of an attorney or a mediator. In certain cases, you may be able obtain the divorce without the involvement 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 are quick and simple, taking less than six weeks. Others can take months to resolve. It can take even longer if your spouse has been slow in returning paperwork. In either case, a lawyer may be necessary.
The most obvious difference between contested and uncontested divorces is the length of the process. If one party refuses negotiations, the whole process can take many months or even years. Uncontested divorces can be completed quickly because there is no dispute. This type of divorce is more stressful and requires both the parties to invest more time and money.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
Whether you should hire a lawyer for contested v and uncontested divorce depends on your state's specific laws. Uncontested divorces in states that require a divorce lawyer are much easier to obtain. Uncontested divorces often involve less expense and stress, and can help to maintain the relationship between the couples. For contested divorces, the most common reasons to hire an attorney are for property division and child custody.
Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. Most states require that a final hearing be held before a divorcing party can legally proceed. If both parties are happy with the settlement, the divorce proceedings can be finalized. 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.
Uncontested divorces require the cooperation of both parties. Both parties must agree to the major terms of an uncontested divorcement, including child custody, support, and maintenance. Usually, this will involve a settlement agreement as well as the division and payment of marital property and debts. The final divorce decree will be approved by the judge after the agreement is reviewed and approved by the judge. Uncontested divorces are relatively inexpensive. In many states, a divorce lawyer costs as little as $200.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below