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Do You Need a Lawyer for a Contested or Uncontested Arizona Divorce?

May 16

What is the best way to get a lawyer to represent you in a contested or uncontested divorce?

Many people wonder if they will be able to save time and money by hiring a lawyer in a contested versus uncontested divorce. 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 cover the differences in uncontested and contested divorces.

Cost of a Divorce

While the costs of uncontested and contested divorces are very different, they all follow the same principles. While an uncontested divorce is easier to get through, it costs more to file for a trial. While attorney fees and court costs are generally the same, a contested divorce may incur additional expenses. 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 divorce proceedings are mediated before the filing deadline. In some cases, judges may require mediation. But mediation may not always be the best option in every case.

Although both uncontested and contested divorces cost more, uncontested divorces will be less expensive. A contested divorce costs more than $10,000 including attorney fees and court 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?

There are two types of divorce: contested and uncontested. Although both are legal, uncontested divorces tend to be less expensive. Uncontested divorces may not be 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. In some cases, you might even be able get divorce without the assistance of 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 simple and take less than six months. Others may take many months to resolve. It could take longer if your spouse is slow to complete paperwork. In both cases, a lawyer may be necessary.

The most obvious difference between contested and uncontested divorces is the length of the process. 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 can be more stressful for both spouses, as they will need to spend more time on the divorce.

What Is The Requirement to Hire a Lawyer for Contested vs 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. There is often less stress and expense associated with uncontested divorces, and they tend to preserve the relationship between the parties. Most people hire a lawyer to help them with contested divorces.

Before you decide whether to retain a lawyer for your divorce, make sure that you are familiar with the laws. In many states, a final hearing must be held before a divorce is final. If the parties agree to the settlement, then the divorce can be finalized. A judge will sign judgments in states that don't require a final hearing. 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. After the final divorce decree is approved, the judge will read the agreement and sign it. The cost of the uncontested divorce is low. A lawyer can cost as low as $200 in many states.

For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below

https://bit.ly/3FEhrQ7