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. Is it really necessary? These are the main pros of both. Learn more to determine if a lawyer is right for you. Also, don't forget the pros and cons. We'll also discuss the differences between contested and uncontested divorces.

Divorce Cost

Although the costs for a contested or uncontested divorce can vary, the same principles apply to them both. A contested divorce is less complicated, but it is more expensive to have a trial. 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.

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 the divorce proceedings be mediated before they can be filed. Judges may also require mediation in certain cases. Mediation may not be the best solution for every case.

While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. However, the costs of a contested divorce can exceed $10,000, including attorney fees, court costs, and other miscellaneous expenses. An attorney can be costly, but it can help you protect your rights. 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

There are two types of divorce: contested and uncontested. Although both are legal, uncontested divorces tend to be less expensive. However, uncontested divorces are not 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.

If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Every divorce is different so the timeline can vary. Some divorces are easy and quick, lasting less than six week. Some cases take several months to settle. It could take longer if your spouse is slow to complete paperwork. In both cases, 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 is often more stressful, so both sides will have to spend more time and more 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 can be obtained in those states that require you to hire a lawyer to file your divorce papers. Uncontested divorces tend to be less costly and involve less stress. 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. Many states require a final hearing before a separation can be made final. If both parties are happy with the settlement, the divorce proceedings can be finalized. In states that do not require a final hearing, a judge will sign the judgment. Some states require a waiting time before a divorce can proceed.

Both parties must cooperate in uncontested divorces. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. 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 for an uncontested divorce will be low. 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

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