Contested Divorce Process Step by Step

Also Applies to Other Filings That Require Service

This guide explains the general process for contested divorce cases and other family court filings that require the other party to be served, such as:

  • Establishing legal decision-making, parenting time, or custody

  • Establishing child support

  • Modifying parenting time or legal decision-making

  • Modifying child support

  • Other family court requests that require notice and service

Every case is different. Timelines may vary depending on the Court, the other party, service issues, response deadlines, hearing dates, and whether the parties are able to reach agreements along the way.

STEP 1 — Consultation & Intake

We will begin with a consultation and intake process to gather the information needed to prepare your documents.

During this stage:

  • We will discuss your goals and the type of case you need to file

  • You will complete intake forms and provide requested information

  • We will identify the documents needed for your specific filing

  • Questions and concerns can be addressed before drafting begins

STEP 2 — Drafting Documents

Once your intake is complete, I will begin preparing your court documents.

If I have questions or need additional information during drafting, I will reach out to you directly.

Documents may include:

  • Petition or Motion

  • Summons, if required

  • Parenting Plan, if applicable

  • Child Support documents, if applicable

  • Affidavits or supporting forms

  • Other required court documents based on your case type

STEP 3 — Client Review & Revisions

Once the documents are drafted, you will carefully review the forms.

During this stage:

  • You will confirm that all names, dates, addresses, and case details are accurate

  • You may request revisions or corrections if needed

  • Once you approve the documents, please let me know so we can move forward

Prompt communication during the review process can help avoid unnecessary delays.

STEP 4 — Signatures

Once the documents are approved, signatures will be completed either through:

  • Secure electronic signatures, or

  • An in-person signing appointment

STEP 5 — Filing with the Court

Once all documents are signed, I will file the paperwork with the Court.

After filing:

  • Your case will be opened or updated with the Court

  • A case number will be assigned if this is a new case

  • I will email you copies of the filed documents and filing receipt for your records

STEP 6 — Service on the Other Party

After filing, the other party must usually be formally served with the court documents.

Service may be completed by:

  • A licensed process server

  • Acceptance of Service, if the other party is willing to sign

  • Another method allowed by the Court, if approved

The other party must be properly served before the Court can move forward.

Important: service timelines can vary. Some parties are easy to serve, while others may avoid service or be difficult to locate.

The timelines on your Divorce does not start until service is completed.

STEP 7 — Response Deadline

Once the other party is served, they have a deadline to file a response.

In Arizona, the response deadline is generally:

  • 20 days after service if served in Arizona

  • 30 days after service if served outside Arizona

If the other party responds, the case becomes contested and will proceed through the Court’s process.

If the other party does not respond, you may be able to move forward by default after the applicable deadline passes.

STEP 8a — Possible Default Process

If the other party does not file a response by the deadline, the filing party may be able to request default.

Default does not happen automatically.

Additional documents must usually be filed, and the Court may still require review, additional information, or a hearing depending on the case.

STEP 8b — Court Hearings & Conferences

If the case is contested, the Court may schedule hearings, conferences, mediation, or other court dates.

Depending on the case, this may include:

  • Resolution Management Conference

  • Status Conference

  • Mediation or settlement conference

  • Evidentiary Hearing or Trial

The Court decides what hearings are needed based on the issues in the case.

STEP 9 — Negotiation & Possible Agreement

Even if a case starts contested, the parties may still reach agreements at any time.

If agreements are reached, final documents may be prepared and submitted to the Court for approval.

This can often save time, money, and stress compared to proceeding to a contested hearing or trial.

STEP 10 — Final Orders

If the parties reach an agreement, the Court may review and sign final documents.

If the parties do not agree, the Judge will make final decisions after reviewing the filings, evidence, testimony, and arguments presented.

Final orders may address:

  • Divorce

  • Legal decision-making

  • Parenting time

  • Child support

  • Spousal maintenance

  • Property and debt division

  • Other issues requested in the filing

Important Things to Know

Contested cases are harder to predict.

Unlike an agreement-based case, contested matters depend heavily on the other party’s response, service, court availability, hearing dates, and whether the parties can resolve issues.

Court timelines are outside of my control.

I will prepare and file documents as agreed, provide copies, and assist with document preparation needs. However, court processing times, hearing dates, judicial review, and rulings are controlled by the Court.

Respond quickly.

Delays in reviewing documents, providing information, signing forms, or responding to questions can delay your case.

Keep copies of everything.

Save all filed documents, court notices, emails, receipts, and service documents for your records.

Questions?

If you have questions during your case, please feel free to reach out.

Adrianne May
Arizona Certified Legal Document Preparer
All Rise LDP
623-565-8584
allriseldp.com