Divorce Attorneys in Scottsdale, AZ

Serving Papers to Your Spouse

After filing, the law requires that your spouse receive official notice of the legal action you’ve taken. You must serve the divorce papers to your spouse according to strict legal standards. You can accomplish this through one of several methods, including a private process server or a deputy county sheriff. Alternatively, if your spouse agrees to cooperate, they can sign an "Acceptance of Service" form, which waives the need for formal delivery. This step verifies that both parties have knowledge of the proceedings. Formally serving this petition starts the mandatory 60-day waiting period required by state law before a judge can finalize the divorce.

Waiting for Your Spouse to File a Response

Once served, your spouse has a specific window of time, typically 20 days if served within Arizona, to file a response. If they are served outside of Arizona, they usually have 30 days to respond. Their response indicates whether they agree or disagree with the terms in your petition. If they disagree, the divorce becomes "contested," and we move into negotiation or litigation to resolve the disputes.

Completing the Parent Information Program

If you have minor children, the court requires both parents to complete an educational course known as the Parental Information Program. This class teaches you how to help your children adjust to the changes in their family structure and how to co-parent effectively. You must complete this requirement and file a certificate of completion with the court, usually within 45 days of the initial filing.

Resolving Conflicts & Finalizing the Divorce

What happens next depends on whether you and your spouse disagree on one or more issues that must be decided as part of the divorce. Some divorces can be resolved soon after the 60-day waiting period ends, while others may take months or even years if extended negotiations or litigation become necessary.

Depending on your circumstances, our divorce lawyers can assist you with:

• Filing a consent decree. Not all divorces require a trial. If you and your spouse agree on every single issue, we can draft a consent decree that details the terms of your divorce. We can also prepare a consent decree if you and your spouse can resolve all disputes through negotiation or mediation. After you and your spouse sign it, we can submit it to the judge, and, with their approval, your divorce becomes final. 
• Filing for a default judgment. If your spouse fails to respond to the petition within the legal timeframe, you may have the option to seek a default judgment. We can file this application with the court, which gives your spouse a final grace period to respond. If they continue to fail to respond, the court may grant the divorce based solely on the requests in your original petition, effectively bypassing the need for their participation.
• Going to court. When you and your spouse cannot agree on key issues through negotiation or mediation, the case proceeds to trial. In this contested scenario, we can present evidence and arguments before a judge. The judge then makes the final binding decisions regarding your property, finances, and children. While we always aim for amicable resolutions to save you stress, money, and the uncertainty that comes with litigation, our attorneys at BDB Law stand ready to aggressively advocate for your interests in the courtroom if doing so becomes necessary.

What Must Be Decided in a Divorce?

A divorce requires you to disentangle your life from your spouse’s life across several key areas. The outcomes will impact your financial security and your relationship with your children for years to come, which is why we are prepared to diligently advocate for a result that protects your rights and reflects your priorities.

Our family law attorneys can help you navigate all areas of your divorce, including:

• Child custody (legal decision-making and parenting time). Arizona law distinguishes between the right to make major life choices for your children and the actual time you spend with them. Legal decision-making covers authority over education, healthcare, and religious upbringing, while parenting time dictates the physical custody schedule. The courts prioritize the children’s best interests and joint custody whenever possible. We can help you negotiate and construct a parenting plan that’s right for your children.
• Child support. State guidelines for determining child support depend on specific factors, including the gross income of both parties, healthcare costs, and the amount of time the children spend in each household. We can carefully review all relevant factors to determine a fair figure that meets state standards and supports your children's needs, even if that means requesting a deviation from the standard guidelines. 
• Spousal maintenance. Often called alimony or spousal support, spousal maintenance provides financial assistance to a spouse who lacks sufficient property or income to provide for their reasonable needs. Arizona courts do not grant this automatically. They evaluate several factors, including the length of the marriage, the standard of living established during the marriage, and each spouse's earning ability. We can assess your eligibility or liability and advocate for a fair amount and duration.
• Property and debt division. Arizona is a community property state, which generally means that you and your spouse own all assets and debts acquired during the marriage equally. This includes real estate, retirement accounts, vehicles, and credit card balances. Note that separate property can become community property when it commingles with community assets. We can identify, value, and categorize all property to negotiate a division that grants you your fair share of the community property.

If you are considering or preparing to go through a divorce, call (602) 878-3133 or contact us online to request a consultation. Our firm is led by an attorney who has been rated AV Preeminent® 4.8 by Martindale-Hubbell® and named by Super Lawyers as one of the Top 50 attorneys in Arizona from 2019 to 2026.