If you feel some decisions made in family court regarding your divorce have been made in error, there are options for seeking adjustments and reconsiderations in the Arizona appeals court. Many individuals assume that they have no hope of adjusting and addressing unfair divorce determinations in issues regarding child custody and support, division of marital property, legal errors, spousal support, and more issues. However, there is hope. First, it is vital that you understand the appeals process to properly seek recourse when errors are made.
By having a detailed understanding of the appeal process, specifically as it plays out in the Arizona appeals court, you can rest assured that you have options for seeking fair treatment and fighting for your rights and goals in divorce proceedings. The Arizona appeals court hears appeals, the legal process where a party challenges a trial judge’s decision due to errors involving civil, criminal, family, and juvenile trial court. Arizona Appeals Court handles lower court decisions to review and determine if any legal errors were made and works to ensure the law is properly interpreted.
Understanding the Arizona Appeals Court
Arizona’s Court of Appeals, or Appeals Court, is an intermediate appellate court, meaning it handles appeals within the judicial system at a level between trial courts and the highest court (typically the Supreme Court). The goal of the appeals court is to conduct thorough reviews and investigations of trial court hearings to ensure that decisions were made accurately and in support of relevant laws. The Arizona Court of Appeals is an essential piece of the state’s judicial system, as it provides an avenue for parties who are dissatisfied with trial court decisions to seek a second opinion and possible alternative solutions.
The Arizona Court of Appeals has the jurisdiction or legal authority to hear and review appeals from superior courts. In Arizona, the superior courts are the trial courts. The Court of Appeals conducts thorough investigations over not only the final decision of the trial but also all information that was used to make this decision. In certain situations, appeals may not be eligible or may bypass the support of the Court of Appeals and meet legal reviews at the Arizona Supreme Court Level.
The Arizona Court of Appeals is divided into two divisions, located in different parts of the state. Division One Court of Appeals is located in Phoenix, Arizona, and handles cases from Maricopa County and many surrounding areas in the north and center of the state. Division Two Court of Appeals takes on cases from Pima County and surrounding areas, mainly in the southern regions of the state. Both Division One and Two employ several judges who are appointed to their courts.
The Arizona Court of Appeals reviews legal issues and decides to either affirm the lower court’s decision, reverse it, or send the case back to the trial court for further proceedings, especially in the event that new evidence emerges during the investigation.
What Makes a Divorce Decree Invalid?
The Arizona Court of Appeals may determine that a divorce decree is invalid, or not legally recognized, for several reasons. Some possible reasons a divorce decree can be rendered invalid can include:
Failure to Meet Legal Requirements and Jurisdiction Specifications
As with many laws, divorce laws vary by jurisdiction, as specific legal requirements must be upheld in order for divorces to be considered legally valid. Some issues that vary based on jurisdiction laws can be the specific grounds for divorce, such as fault-based or irreconcilable differences. If the divorce was issued by a court that did not hold proper jurisdiction over the case, altering the specific legal grounds required, the decree can be ruled invalid.
Misrepresentation or Fraud
In the event a spouse pursues and wins a favorable divorce decree through dishonest means like fraud and misrepresentation, the decree can be ruled invalid. This may happen if one spouse were to conceal assets or provide false and misleading information to the court that impacted divorce settlement terms. Typically, this is done in order to gain a more favorable settlement for themselves but can render the decree invalid if discovered.
Procedural Errors
Procedural errors can occur in divorce processes, which can have a negative impact on divorce determinations and potentially lead to violated laws and court rules. This would invalidate the divorce decree. Errors of this type are often related to failure to meet notice requirements, the service of process, or errors regarding the actual conduct inside the divorce proceedings.
Violation of Court Orders
Divorce decrees are subject to change and modification if one or both spouses violate the court order related to divorce rulings. Conditions that could be violated include failing to comply with child custody and visitation arrangements, property and asset division orders, and any other specific issue highlighted by the court.
Which Divorce Decrees Can Be Appealed?
The fairness and validity of a divorce decree can be questioned by one or both parties. This concern can set off a chain of legal implications, such as appeals, motions for reconsideration or modification, enforcement of settlement agreements, and more. Common factors that contribute to unfair divorce settlements include the unequal division of marital property and assets when one spouse receives a disproportionate share of the property, such as investments, retirement accounts, real estate, and more.
Another issue commonly contested is spousal support awards. There may be a disagreement on the amount and duration of spousal support required to maintain the dependent spouse’s quality of life properly. Child support and child custody issues arise if the court determines that the arrangement failed to prioritize and identify the child’s best interests, especially when one party is heavily burdened with child support obligations that are beyond their means to pay consistently.
Divorce settlement cases where assets were hidden from the court or the other spouse in the hopes of achieving a more favorable outcome for the dishonest spouse can be considered grounds for an unfair divorce settlement. This allows for a legal challenge. Issues of coercion or unfair pressure that pushes one party to accept the terms of an unfair settlement through threats and manipulation can also be tried in appeals court on the grounds of duress and coercion.
The Appeal Process in Family Court
The appeal process in family court must begin with the affected party filing a Notice of Appeal with the trial court. This notice must be filed within the statute of limitations time frame for the specific issues mentioned in the case – within 30 days of the ruling or, in the case of a counterappeal, within 30 days of the initial appeal. This notice starts the process, and both the appellant (individual seeking the appeal) and appellee (party responding to the appeal) will receive formal notification of the appeal proceedings and will be allowed time to create and submit written briefs to the Arizona Court of Appeals. The briefs outline the legal arguments and issues that need to be addressed in the appeal. Once all information is submitted, the superior court will determine if there are grounds for an appeal and if a hearing will be pursued.
The appeal decision in family court hinges on the Court of Appeal’s consideration of written briefs, oral arguments (if there were any), and the Record on Appeal. The decision will either reverse, affirm, or modify the trial court’s initial judgment and can be sent back to the trial court for further proceedings.
In general, it can be challenging to win a divorce appeal as the appellate court enters into the appeals process with the belief that the trial court was correct. It is your duty to prove otherwise. There are cases where the appeals court is in agreement with some, or all, of the errors addressed in the appeal brief or oral argument but is ultimately dismissed as they view these errors as irrelevant or not overall impactful enough to change or overrule the divorce determination. The support of an attorney who is versed in the appeals process can be a huge resource, as these proceedings can be quite challenging.
The Role of Legal Representation in Divorce Appeals
Navigating an appeals process on your own can be a challenging and overwhelming task. The documents required for appeals demand a detailed understanding of terminology and Arizona-specific laws that many individuals who do not have a background in law find complex and intimidating. You should not take on this large and important task on your own. The family law attorneys at The Valley Law Group offer decades of experience and have represented hundreds of clients through the appeals process in Arizona.
Knowledge of Applicable Laws
Attorneys who are experienced in appellate practice offer unique support in divorce appeals, as they have a firm grasp on the relevant laws, regulations, and rules that govern and dictate appeals locally. These attorneys can offer a detailed analysis of the viability of individual appeals that informs their clients on the strengths and weaknesses of their legal issues and creates a strong legal strategy that will be successful in family court.
Legal Documents and Procedural Rule Adherence
It is crucial to have adequate and detailed written briefs that outline the specific legal arguments you hope to address with an appeal. Not only do family law attorneys assist in the creation of these briefs, but they conduct research into all laws, statutes, and legal principles they can use to uphold their client’s argument. As multiple specific deadlines and procedural rules are involved in appeals, clients can rest assured that their attorney will provide prompt compliance with all applicable rules and regulations.
Protecting Clients’ Rights
Whether via oral arguments, written briefs, ongoing communication and support, or all of these aspects, attorneys ensure their client’s rights and interests are protected throughout the entire process of the appeal. They are not afraid to challenge errors and violations made by the court in order to uphold their commitment to their clients.
Settlement Negotiations
There are certain cases where attorneys can negotiate settlements or mediation measures with the opposing party, hoping to resolve the appeal without returning to further litigation. While further litigation may seem ideal, it can cause complications, including large financial implications and an extended timeline. These issues make negotiations more ideal in many cases. In this event, an attorney can help ensure their clients understand all potential risks and benefits involved in any given settlement suggestion and work tirelessly to achieve a favorable outcome.
Get Support for an Arizona Divorce Appeal Today
The Valley Law Group is a family law group with a deep understanding of appellate and divorce law. Our skilled attorneys can draft your documents and formulate your evidence for appeals. As your appeal proceeds, our attorneys will stand by your side and offer detailed legal support to help you secure the best chance at a favorable outcome.
The appellate family law attorneys at The Valley Law Group diligently work to understand our client’s cases and how to strategically address the various issues in an appellate court context. We employ strategies that not only address the issue at hand but also uphold our client’s rights and best interests. Reach out today to schedule a consultation and learn how our team can step into your divorce appeal case and provide you with efficient and dedicated legal representation.
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.