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Capital News Online

What is the Difference Between an Uncontested Divorce and a Contested Divorce in Arizona?
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Uncontested divorce and contested divorce are terms used to indicate how amicable couples are during the divorce process. An uncontested divorce means that both parties agree on all essential terms of their divorce, meaning they don’t have to contest anything. A contested divorce, on the other hand, refers to a scenario where both spouses cannot agree on at least one major aspect of their separation. In other words, there is contention over some element of the couple’s breakup. It is often recommended that couples with children or significant assets undergo a mediated settlement rather than going to trial. This process allows them to meet with a neutral third party mediator who helps them come up with an agreeable settlement outside court. The mediation process can also be helpful for couples who just want a simple exit from marriage instead of going through several months of litigation and paperwork.

Uncontested Divorce

An uncontested divorce is a divorce in which the spouses involved agree on all issues surrounding the divorce, including property division and child custody, and hardly ever go to trial. There are many reasons why couples may decide to get divorced through an uncontested divorce, including the fact that getting a divorce through an uncontested divorce can help save money compared to getting a divorce through a contested divorce. Another benefit of getting a divorce through an uncontested divorce is that it can be faster than a contested divorce. In addition, getting a divorce through an uncontested divorce is less stressful than getting a divorce through a contested divorce because there are fewer arguments between the spouses. Uncontested divorces are usually completed in a shorter amount of time than a contested divorce because there is not as much back and forth on the issues being disputed. In general, there are fewer hassles involved in getting a divorce through an uncontested divorce than there are in getting a divorce through a contested divorce.

Contested Divorce

A contested divorce refers to a divorce in which one or both spouses contest at least one aspect of the divorce, such as child custody, child support, spousal support, or property division. Couples who contest their divorce may do so because they can’t agree on one or more of these issues, or because they want to maximize their chances of receiving a favorable ruling from a judge. If spouses go through a contested divorce, they may have to appear in court to present their case in front of a judge. It is possible for contested divorces to take several months or even a few years to complete. It all depends on how much the spouses are contesting and the individual court system where the divorcing couple resides.

Advantages of an uncontested divorce

- No third-party intervention: In an uncontested divorce, both spouses are able to decide their own terms of the divorce. There is no intervention from a neutral third party. This is one of the main advantages of an uncontested divorce. - Quicker divorce: Couples who decide to get a divorce through an uncontested divorce have a quicker divorce than those who go through a contested divorce. There is less paperwork, and there are fewer arguments between the spouses. - Less stressful divorce: Overall, divorce through an uncontested divorce is less stressful than divorce through a contested divorce. This is because there are less arguments between the spouses and less intervention from a third party. - Less expensive divorce: Couples who decide to get a divorce through an uncontested divorce typically spend less on their divorce than couples who go through a contested divorce. This is because there is less intervention from a third party and less money going toward legal fees.

Disadvantages of an uncontested divorce

- Less likely to be granted: If spouses decide to get a divorce through an uncontested divorce, they may not be granted one. In fact, many uncontested divorces are ultimately contested because spouses don’t feel like they have a fair deal. - Fewer legal protections: Couples who decide to get a divorce through an uncontested divorce have fewer legal protections than those who go through a contested divorce. This is because they have less protections against spouses who have malicious intent, such as one spouse trying to take advantage of the other. - Less detail in divorce terms: Couples who decide to get a divorce through an uncontested divorce typically don’t get as detailed in their divorce terms as those who go through a contested divorce. This is because there is less back and forth between the spouses. As a result, couples who get an uncontested divorce may face a higher risk of having their divorce overturned in the future.

Advantages of a contested divorce

- More likely to be granted: Couples who go through a contested divorce are more likely to be granted a divorce than those who get an uncontested divorce. This is because there is more back and forth between the spouses on their divorce terms and because there may be more evidence to support their divorce. - More legal protections: Couples who decide to get a divorce through a contested divorce have more legal protections than those who get an uncontested divorce. This is because they are more likely to get their divorce terms written in detail and because they have more protection against malicious spouses.

Disadvantages of a contested divorce

- More expensive divorce: Couples who decide to get a divorce through a contested divorce usually spend more on their divorce than couples who get an uncontested divorce. This is because they spend more time arguing over the details of their divorce and because they have to hire a lawyer to help them through the divorce process.

Conclusion

In the end, the best decision for a couple is the one that works best for them. While there are many advantages and disadvantages to each type of divorce, it ultimately comes down to what the couple finds most advantageous for their situation.

If you are considering a divorce, your should contact an experieced divorce attorney as early in your process as possible.  In the Phoenix area contact Colburn Hintze Maletta to schedule a case consultation.  Call (602) 932-2999.

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5 Questions to Ask a DUI Attorney in Scottsdale, AZ

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Did you know that hiring a DUI lawyer in Scottsdale doesn’t have to break the bank? Depending on your circumstances, the costs associated with hiring an attorney could be significantly less than you think. In fact, some of the best DUI lawyers in Scottsdale offer free initial consultations and won’t charge you unless they win your case. However, even if you don’t have a lot of money to spend, hiring a DUI attorney is one of the best things you can do to protect your future. So why is it important to hire an attorney if you get pulled over for suspicion of drinking and driving? The answer is simple: It will have a direct impact on how your case progresses and what penalties you face as a result of being arrested for driving under the influence. Read on to learn about five essential questions that every potential DUI lawyer should answer before taking on your case.

 

What is the strength of the prosecutor’s case against me?

If you are looking to hire a DUI lawyer in Scottsdale, this is the first question you should ask. Why? Because the answer will help you understand how the rest of your case will progress and what penalties you face as a result of being arrested for driving under the influence. Simply put, a prosecutor’s case against you is one that proves that you broke the law and that you should be convicted. So how do they do this? Prosecutors may use a number of different types of evidence to prove that you broke the law, including eyewitness testimony, video footage, and chemical or blood tests. This evidence helps prove that you were the one who committed the crime and that you should be held responsible for it. With that said, it’s important to note that the prosecutor’s case does not have to be perfect. In fact, it’s not uncommon for a prosecutor to bring charges against someone even when the evidence is not very strong. Which leads us to our next question.

 

How much does my potential attorney charge?

As we mentioned earlier, hiring a DUI lawyer in Scottsdale doesn’t have to break the bank. Depending on your circumstances, the costs associated with hiring an attorney could be significantly less than you think. Now, that being said, there is no set rate that all DUI lawyers charge, nor is it possible to predict the amount they may charge you. Why? Because each DUI attorney charges different rates based on a number of different factors, including the severity of your case, the attorney’s experience, and the cost of living in your jurisdiction. So why does the attorney’s experience matter? Experienced attorneys typically have a much better grasp of the law in your jurisdiction and have handled many, if not all, of the situations that you may be facing. As such, they are often able to offer more personalized and accurate advice than attorneys who are less experienced. Now, let’s talk about the cost of living in your jurisdiction. This is important because attorneys in higher cost-of-living areas often charge more than attorneys in lower cost-of-living areas. With all of this in mind, it’s important to keep in mind that the quoted price you receive from a potential DUI lawyer is just a starting point. Because every case is different, it’s possible that the amount you pay will be higher.

 

Will I go to jail if I’m convicted?

If you are convicted of a DUI, it’s possible that you will go to jail. However, it’s also possible that you won’t. The amount of time that you will spend in jail will depend on a number of different factors, including your age, criminal history, the severity of the crime, and the judge that you get. Now, with that said, it’s important to note that the potential jail sentence for a DUI conviction is not an absolute. In fact, someone who is facing a potential jail sentence has many different ways to fight against it, including pleading not guilty and bringing in a good defense attorney.

 

Which defenses can help me beat the DUI charge(s)?

Depending on the circumstances of your case, a number of different defenses can help you beat a DUI charge. For example, if the police conducted an illegal traffic stop, your attorney could file a motion to suppress the evidence collected as a result of the stop. Similarly, if the police did not have probable cause to arrest you for DUI, an experienced attorney may be able to file a motion to dismiss. Another common defense that is often used in DUI cases is the mental disorder defense. Now, this defense is typically used in cases where the defendant was experiencing a mental disorder that impaired their ability to drive safely. Other common defenses that can be used to beat a DUI charge include the lack of proper warning of a traffic stop, lack of probable cause, and a false positive on a chemical or blood test (i.e. the test results were wrong).

 

Should I still hire a lawyer even if I don’t have a lot of money?

We recommend that everyone who is facing a DUI charge in Scottsdale, AZ hires an attorney. This is because, even though DUI penalties are less severe than they used to be, they are still extremely serious. More importantly, a DUI conviction can have a significant and lasting impact on your life. For example, a DUI conviction will likely result in the loss of your driver’s license (if applicable), increased insurance rates, and higher car insurance premiums. In addition, a DUI conviction could result in a suspension of your professional or commercial driving license. Therefore, it’s important to remember that hiring a DUI lawyer does not just help you beat the charges — it also helps you mitigate the consequences of the conviction. Now that we’ve discussed five essential questions that every potential DUI lawyer should answer before taking on your case, it’s time to select the best DUI attorney in Scottsdale, AZ. How do you do this? Well, we suggest you take the following three steps: - Narrow down your search by selecting a few key criteria. - Contact a few attorneys and request initial consultations. - Pick the best DUI lawyer in Scottsdale based on your findings. Now that you know what to look for in a DUI lawyer, it’s time to find the best DUI attorney in Scottsdale, AZ. Go get ‘em!

Contact An Experience Scottsdale DUI Lawyer

If you have been charged with a DUI in Scottsdale Arizona, you should contact an experienced DUI lawyer immediately to begin building your defense.  Contact the Shah Law Firm to schedule a one on one consultation today.  Call (602) 353-7889

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Biden’s decision on student loans expected this week
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