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 it is worth hiring a lawyer for a contested rather than an uncontested divorcement. But, do they really need to? Let's look at the pros and cons of each. Find out if you need a lawyer for your situation. Don't forget about the pros and cons of each. We'll also discuss the differences between contested and uncontested divorces.
Cost of a Divorce
Although the costs for a contested or uncontested divorce can vary, the same principles apply to them both. Uncontested divorces are easier to handle, but it's more costly to file for trial. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in additional costs. You can have a trial to dispute child support, maintenance and pensions or property division. These can add to the total divorce settlement.
Mediated divorce is affordable if the couple is able to reach an amicable agreement and there is no attempt to conceal 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.
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. Both divorces are legal but the first is cheaper. 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. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. Sometimes, you might be able to obtain divorce without the need for 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 are simple and take less than six months. Others may take many months to resolve. If your spouse is slow to return paperwork, it could take much longer. In either case, a lawyer may be necessary.
The main difference between uncontested and contested divorces is their length. If one party refuses negotiations, the whole process can take many months or even years. On the other hand, an uncontested divorce can go through relatively quickly, because no one is disputing anything. This type of divorce typically involves a lot more stress, which means that both parties have to spend more time and money on the divorce.
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 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.
When determining whether to hire a lawyer, you should first understand the laws regarding 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 the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require a waiting time before a divorce can proceed.
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. Most often, this includes a settlement agreement and division of marital debts and assets. The judge will then review the agreement and approve final divorce decrees. The cost of the uncontested divorce is low. In many states, a lawyer could cost as low as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below