Filing for a divorce case is an emotionally painful process for most couples. The divorce rate is much higher in Arizona. As it is a legal process, many divorcing couples feel confused. They cannot even decide if they should hire a lawyer. Some spouses proceed with their divorce case without engaging an attorney. But is it compulsory to hire a Phoenix divorce lawyer to win the lawsuit? Getting divorced without a lawyer is fine in some cases. However, there is a risk as the law is complex.
Lawyers to decide on spousal alimony
Spousal alimony is the amount the higher-earning party pays to the unemployed or lower-earning one. There are various types of alimony, covering a range of things. For instance, one spouse may need to pay a temporary alimony during the court proceedings. It will help another partner to meet primary needs (such as food and shelter). The payment will end or continue depending on the judge’s order.
In the case of long-term marriages, you may need to pay permanent alimony. It happens when one of the spouses is financially stronger. The spouse receiving the alimony can maintain the standard of living.
However, the rules for calculating the amount and the duration of the alimony are different in every state. If you cannot agree with your ex, hire a lawyer. The Phoenix attorney will help you make the agreement.
Legal assistance for dividing your debts and properties
Some marital properties might have joint ownership. So, there should be a fair division of the assets during the divorce. The lawyer will help you follow the rule of a 50/50 split. The court also believes it is a way to maintain an equitable distribution.
Marital debts will also be allocated in the same way. If one partner has wasted resources without consent, the rule will have an exception.
For instance, a partner spent marital funds and incurred gambling debts. He might have bought gifts for an extramarital affair. In this case, the judge would order the guilty spouse to repay the debts.
Spouses can manage the case on their own if-
- They have little debt or property.
- They agree on marital property division.
But, if the couples cannot make settlements, they must contact an attorney.
Legal guidance for child custody
If the age of the divorcing parents’ kids is below 18, child custody is an important issue. The couples have to decide on who will raise the child. One party may need to pay child maintenance costs. The lawyer will help you calculate the payment. He knows the state guidelines to protect the child’s interests.
Should you choose a lawyer for an uncontested divorce?
You and your partner might have agreed on every divorce-related issue. In this scenario, you may claim an uncontested divorce or a dissolution of the case. A highly skilled lawyer will help determine if you have deviated from the state laws.
But, in case you want to avoid hiring a lawyer, it is essential to fill out the DIY divorce forms. You should also learn about the guidelines related to the court jurisdiction. Some legal agencies may help you fill out an online no-fault divorce form. However, make sure they are reliable and do not charge a hidden cost.
Remember that court staff will not provide any legal advice. So, you will need to hire an uncontested divorce lawyer to get legal guidance.
Although it is an uncontested divorce, you may need to attend the legal hearing. The judge will check the agreements and ask the parties some questions.
Your lawyer will tell you if it is essential to appear in court to settle the divorce case. For the uncontested case, you may not need court appearances multiple times. In most states, couples need to appear for short court hearings.
Hiring a limited-scope attorney for your divorce case
Some divorcing couples decide to hire a lawyer only to review their agreements. The legal expert will check for issues and potential risks in the future. Couples involved in the amicable divorce prefer this approach. Limited scope legal representation means the attorney will do only a few things for your divorce case-
- Create the divorce agreement
- Instruct on an unbiased agreement
- Review the papers drafted by you
- Cooperate with you during the mediation sessions
- Attend divorce hearings
- File the paperwork with the local court
Most attorneys charge a flat rate for limited-scope representation. It is more affordable than full-scope representation. It is a good choice for parties that have resolved every issue. The attorney will evaluate the settlement for legal fairness.
Conclusion
You can now decide if you need to hire a divorce attorney in Phoenix. To get legal assistance, consult the best agency and hire an experienced lawyer for your divorce case. He is experienced in dealing with uncontested and contested divorces.
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