Divorce is an emotionally stressful and challenging process. It is also costly, leaving couples financially depleted. Some spouses consider mediation to make the process more affordable and ensure an amicable marital separation. But, in most lawsuits, the divorce process is contested or uncontested. A contested case is more complicated because one party disagrees on major issues, such as property division and child custody. But, an uncontested case is comparatively simple for couples. However, how much should you pay your uncontested divorce lawyer? Let us help you analyze the cost and make the decision on separation.
What are uncontested divorces?
A simple or uncontested divorce is a case where both spouses reach an agreement on relevant issues like-
- The division of debt
- Marital property allocation
- Spousal alimony
- Child custody
- Child maintenance costs
Couples have to submit their settlement documents to the court in Arizona.
In some uncontested scenarios, one party asks for particular things (like home ownership) after filing for divorce. However, another spouse has not appeared in Arizona court or responded to divorce papers.
Evaluating different costs for an uncontested divorce
While going through an uncontested divorce case, you must understand the cost factors-
Filing charges
You need to pay a filing fee for both contested and uncontested cases. For instance, you may need to pay around $350 to petition for marriage dissolution. There is a separate charge for the response to the petition. If it is an uncontested situation, you need to pay both of these fees. In case you cannot afford the charges, request a waiver from the court.
Service charge
It is essential to sign a paper for Acceptance of Service. If you can contact your spouse, it will save you money. Otherwise, the process service will charge at least $50 for every attempt.
The uncontested divorce cost may also go up to $620, excluding the lawyer charges. If both spouses amicably get separated, they need to pay only the court fees. However, the lawyer will charge them for legal assistance on a per-hour basis. Some couples like to engage legal counsel and mediators. But, the fees for mediators and lawyers are almost the same.
Still, the uncontested divorce cost is less than the litigation cost of a contested divorce. So, it is better to go for an amicable separation.
Charge of attorneys for an uncontested divorce
Most couples hire lawyers to represent them in court. They have to pay a retainer charge depending on the issues discussed during the consultation. However, the hourly and retainer rates are different for every Phoenix divorce attorney. While consulting with the divorce lawyer, you should talk about every detail.
For example, you must not overlook issues like-
- Debt and asset division
- Spousal alimony and its termination date
- Legal decisions about child custody and parenting time
- The contention between parties
- The number of issues contested
Be honest with your attorney and provide accurate information. Your communication will allow him to identify your legal needs and rights. It will also make the divorce process simpler. Couples undergoing an uncontested divorce pay the minimum fee to the attorney.
Should you avoid hiring attorneys for an uncontested divorce?
Some couples do not like to engage a lawyer for divorce cases to save money. But, it causes them to face several issues.
Complicated court processes- Uncontested divorces appear to be simple. Nevertheless, you need to do everything properly to avoid delays. If legal forms are not correctly filled out, it will prolong the process. On the contrary, contested divorces involve more legal issues that are not understandable to couples. It is challenging to undo any wrong decision once the Arizona court has finalized everything. So, protect your future and legal rights with the guidance of a certified lawyer.
Negotiation- Disputes about the divorce terms may arise at any time. They will make a simple divorce more contentious. Negotiating with your partner or his attorney is important. Such negotiations may be related to marital home ownership, child custody, and other matters. Thus, to protect your rights, hire a knowledgeable, uncontested divorce lawyer.
Managing complex situations– If there are shared assets, it is challenging to untangle them during divorce. Only a lawyer can help you with fair division. You need an attorney’s assistance to ensure your visitation rights and custody are protected. The attorney will also focus on your children’s interests while dealing with your case.
Hiring an attorney is vital, even if it is fully or partially uncontested. If the divorce is more complicated, it makes the process costlier. Asset divisions and jointly-owned properties, in particular, make the issues more complex. Without a lawyer’s help, you cannot easily reach a settlement. Try to make more agreements with your spouse to save time and costs for the divorce case.
Rockies Ripple is the founder and lead writer behind the independent blog tvplutos.com