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Should You Hire a Lawyer for a Contested Vs Uncontested Arizona Divorce?

May 16

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

People often wonder if hiring a lawyer for a contested divorce is better than hiring one for an uncontested. But is it really necessary to hire a lawyer in a contested versus an uncontested divorce? Here are the main pros and cons of both. 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.

How Much Will A Divorce Cost?

Although the costs for a contested or uncontested divorce can vary, the same principles apply to them both. An uncontested divorce is simpler to finalize, but it can cost more to file for a hearing. 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.

Mediated divorce is best for a happy marriage where neither side is trying to hide anything. A couple can reach a settlement agreement through mediation before filing for divorce. Some states require divorces to be mediated before filing. Judges can also require mediation in some cases. Mediation may not be the best solution for 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. Hiring an attorney can also add significant costs to your divorce, although an attorney can protect your rights. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.

How Long Does A Divorce Take to Settle?

It is possible to be confused about the differences between uncontested and contested divorces if you are considering getting divorced. Although both are legal, uncontested divorces tend to be less expensive. 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. 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. Each divorce is unique, so time frames can vary greatly. Some divorces are quick and simple, taking less than six weeks. Others, however, require several months to resolve. It may take longer if your spouse is slow in returning paperwork. In any case, a lawyer may prove necessary.

The biggest difference between uncontested and litigated divorces is how long it takes. If one party refuses negotiations, the whole process can take many months or even years. An uncontested divorce, on the other hand can be done quickly as no one is disputing anything. This type divorce usually involves more stress which leads to both parties spending more time and money.

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 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.

Before you can decide whether to hire an attorney, it is important to understand the laws governing divorce. Most states require that a final hearing be held before a divorcing party can legally proceed. The divorce can be finalized if the parties reach an agreement on the settlement. A judge will sign the judgment in cases that do not require a final court hearing. Some states require that there be a waiting period before a divorce is finalized.

Uncontested divorces require the cooperation of both parties. An uncontested divorce is when both spouses reach an agreement on the terms of the divorce. 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. Uncontested divorces are relatively inexpensive. 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

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