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APPEALING FAMILY LAW RULINGS IN ARIZONA

After a final court ruling regarding your divorce, family law, or juvenile law matter, you may have the right to appeal to a higher court. Appellate proceedings can be especially difficult and include specific deadlines and processes that are distinct from lower courts. As such, it is vital to work with legal representation that has proven experience and knowledge not only in Arizona family law, but also in the appeals process.

In order to obtain a hearing from the appellate court, in most cases it is necessary to present a reasonable argument that there was an abuse of discretion or error or misapplication of law in the first ruling. Being granted a hearing in the first place can be very difficult. Even then, appellate courts rarely overturn the original ruling. That is why it is so important to carefully evaluate whether it is in your best interest to appeal, and carefully comb all the facts in the first case to determine how to achieve a different outcome by effectively arguing that justice was not appropriately served or applied.

Our experienced appellate family law attorneys are strategic problem-solvers and legal tacticians who put in the extra time and effort to fully understand a case before bringing it to appellate court. In this way, we maximize our success rates and help our clients to make the right decision for themselves and their family. Reach out today to schedule a free consultation to review your case.

Appeals in AZ

FAMILY LAW APPEAL IN ARIZONA FAQS

Wondering what the process and laws are around family court case appeals in Arizona? Here are some of the most frequently asked questions we receive regarding appeals.

How Long Does the Arizona Appeals Process Take?

Each Arizona divorce case is unique, so there is no objective timeline provided. However, you need to understand it can take weeks or longer for an individual case to get reviewed. Also, successful appeals will take longer to proceed than unsuccessful ones.

Can I Appeal My Family Law Ruling in Arizona?

People may be unsatisfied with the terms related to their divorce. Many have an emotional reaction to the terms of their Arizona divorce but lack the legal insight to know how to proceed. Please contact an experienced Arizona divorce attorney who can better instruct you regarding your appeal options.

What Are the Grounds for Appeal Regarding Arizona Family Court?

Generally, a party wishing to appeal a family court decision must show that the trial court made a legal error. This can occur in many ways, including: applying the wrong legal standard to a specific set of facts; missing a step in a statutory analysis; or making a decision that is clearly contrary to the evidence. It should be noted that appealing is difficult because family law appeals rarely result in the trial court’s judgment or orders being overturned. As such, it is recommended to consult with an experienced family law appeal attorney before deciding to appeal a family court’s ruling.

How Soon Do I Have to File an Appeal Regarding My Case?

In Arizona, paperwork to appeal a final divorce decree must be completed, signed, and filed with the court within 30 days of the date on which the final decree was issued. A petition can be filed to request an extension of this deadline in cases where extenuating circumstances prevented completion. If you miss the appeal deadline, your only options for pursuing an appeal of your divorce decree may be modifications of divorce decrees or marital settlement agreements.

What’s the Difference Between Arizona Divorce Appeals and the Modification Process?

An appeal is a legal procedure that allows one spouse to request a do-over or new trial regarding a divorce decree if the decree was based on fraud, deception, misapplication of the law or other legal issues. An appeal must be filed within 30 days of the divorce decree and can result in a whole new trial if the court agrees with your arguments.

Modifications, meanwhile, are intended to alter part of a divorce decree when the situation or circumstances of one or both divorced parties changes in the future. Modifications can be pursued years after the divorce decree, and most jurisdictions do not require extensive or prolonged additional proceedings for you to obtain one.

Do I Need an Arizona Divorce Lawyer to Help with an Appeal?

Arizona residents can appeal divorce decrees if they believe their former spouses have misrepresented the truth or committed fraud in signing the decrees. Appealing a decree requires an understanding of state divorce law and an attorney with experience in divorce proceedings.

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