Divorce is one of life’s most emotionally and financially challenging experiences. For Arizona couples, understanding the choices you can make on different paths to obtain your divorce often makes a significant difference in your financial, emotional and family relationship status. At McMurdie Law & Mediation, we help you to identify the best pathway for your situation and most of the time, divorce doesn’t have to be a court battle. Many divorces today are started and ended in a respectful, solution-oriented process that prioritizes your family’s well-being and future.
In this guide, we’ll walk you through the main options for getting divorced in Arizona: mediation, collaborative divorce, and traditional litigation. Each process offers distinct advantages depending on your unique situation. We’ll also highlight how McMurdie Law & Mediation supports clients in any of these paths—with years of experience in all three pathways.
The Legal Basics of Divorce in Arizona
Arizona is a “no-fault” divorce state, meaning you don’t have to prove wrongdoing to file. The only requirement is that one party believes the marriage is “irretrievably broken.” You also need jurisdiction to file for divorce (called a dissolution of marriage) requiring at least one spouse to have lived in Arizona for 90 consecutive just days prior to filing the Petition.
Once a divorce is filed, couples must address issues such as:
- Division of assets and debts (Arizona follows community property laws)
- Child custody and parenting time (referred to as legal decision-making in Arizona)
- Child support and spousal maintenance
- Legal fees and final orders
How you resolve those issues—and the tone you set for the process—depends a great deal on the path you choose.
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Mediation: A Cooperative Approach to Divorce
Mediation is a non-adversarial process that helps couples reach agreements without going to court. A neutral third-party mediator facilitates conversations about parenting plans, finances, and division of property. The goal is to help both parties express their needs, identify shared goals, and craft a solution that works for everyone involved.
Why Mediation Works:
- Private and confidential
- Faster and more cost-effective than court
- Gives both spouses a voice and control over the outcome
- Reduces emotional strain, especially when children are involved
At McMurdie Law & Mediation, Cristi McMurdie has decades of experience as a skilled mediator. She helps couples communicate effectively, avoid conflict, and reach legally sound agreements—often in just a few sessions. If you’re looking for a respectful, efficient, and family-focused way to divorce, mediation may be the right choice.
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Collaborative Divorce: A Team-Based Solution
Collaborative divorce takes mediation a step further by involving a professional team that you have selected together. This team consists of one Collaboratively trained attorney for each spouse, 1 financial neutral chosen by the spouses together, and 1 or sometimes 2 mental health coaches. This professional group makes your team and they are all committed to helping the parties make all of their divorce decisions at the table in privacy and never going to court. The whole team and the spouses will sign a participation agreement committing at the beginning of the case to full transparency, full disclosure, respectful communications, and following the collaborative procedures and processes.
Cristi McMurdie is one of Arizona’s dedicated advocates and practitioners of Collaborative Practice Divorce. With her experience and leadership in this area, she helps guide clients through the process with clarity, compassion, great divorce legal experience and a dedication to the unity of the team.
Collaborative Divorce Is Ideal For:
- Couples who want to resolve their divorce respectfully but still want attorney representation
- Situations involving complex finances and/or complex parenting issues
- Families who want to preserve a cooperative relationship post-divorce
- Couples who want to preserve their privacy and confidentiality
This process offers the legal support of litigation with the emotional and relational benefits of mediation.
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Traditional Litigation: When Court Becomes Necessary
When cooperation breaks down, or one party is unwilling to engage in a negotiated process, litigation may be unavoidable. In this traditional court-based model, both spouses hire attorneys and present their case in court after the case is fully ready and discovery has been completed, and the judge makes the final decisions about your lives on these important issues.
While litigation can be costly and time-consuming, it may be necessary in high-conflict cases involving domestic violence, uncooperative spouses, or deeply disputed financial or parenting matters.
At McMurdie Law & Mediation, we bring the same level of commitment and professionalism to litigated divorces as we do to cooperative processes. Cristi McMurdie has a strong litigation background and can protect your interests in court while still seeking opportunities to settle when possible.
Timeline of the Divorce Process in Arizona
While every divorce is unique, most follow a general timeline—especially when the process is uncontested or cooperative. Below is an overview of the typical steps and timeframes involved in an Arizona divorce:
- Filing the Petition (Day 1)
- One spouse (Petitioner) files a Petition for Dissolution of Marriage with the court and serves the other spouse (Respondent) with those filed documents.
- After service, the other spouse (Respondent) has 20 days to respond (30 days if served out of state).
- Waiting Period (Minimum 60 Days)
- Arizona law imposes a 60-day “cooling-off” period from the date the Respondent is served. Even if all issues are resolved quickly, the court will not review and sign the final divorce decree until your 60-day period is passed.
- Disclosure and Discovery (Ongoing)
- Both parties are required to exchange financial disclosures, including income, assets, debts, and expenses. This can be informal or part of formal discovery, depending on the level of cooperation.
- Negotiation, Mediation, or Collaboration (Weeks to Months)
- During this phase, couples may resolve issues through mediation, collaborative divorce, or attorney-assisted negotiation.
- If successful, they prepare a Consent Decree (a written settlement agreement).
- Court Filings and Final Decree (Approx. 2–6 Months)
- Once all issues are agreed upon and the 60-day period has passed, the final paperwork (Divorce Decree, Parenting Plan, Child Support Worksheet and Order, Spousal Maintenance calculation, and sometime a Property Settlement Agreement) is submitted.
- If uncontested, the parties will prepare a Consent Decree of Dissolution of Marriage and this is filed on the online county e-filing portal and you’re your assigned judge will review and sign it after approval.
- If issues remain unresolved, the case proceeds to litigation and trial, which can extend the process to 1-3 years.
Which Divorce Option Is Right for You?
The best process for your divorce depends on several factors:
- Are you and your spouse able to communicate respectfully?
- Do you agree on major issues or need help working through them?
- Is safety or trust a concern in your relationship?
- Do you want to preserve a healthy co-parenting relationship?
Mediation or collaborative divorce may be the most effective route for couples who want a respectful, balanced, and less expensive experience. For others, litigation may be necessary to ensure fairness and protection.
McMurdie Law & Mediation can help you evaluate your situation and choose the right approach for your family.
Take the First Step Toward Resolution
By recognizing that your divorce is coming, you can become versed in the different pathways to divorce and then lay the ground work to prepare in the best way possible for your selected pathway. At McMurdie Law & Mediation, we guide clients through all types of divorce processes in Arizona, whether it’s private mediation, collaborative practice, or court litigation with full or limited scope representation.
If you’re considering divorce, schedule a consultation today. We will help you determine your best options and pathway that fits your needs, your goals, and your values.