Appealing A Divorce Court Order

Divorce DecreeIn most divorce cases, there’s always going to be at least one of the parties involved that is unhappy with the terms and conditions of their divorce decree. If one spouse feels that the rulings by the judge were unfair or fraudulent, or if they feel a mistake had been made, that person can appeal the order.

Under Arizona law, you have the right to appeal a divorce court order, but there are conditions you must follow.

Your course of action for responding to your court order and wanting to file an appeal depends on specifically what went wrong. You have the options of either appealing the decision of the family court to a higher authority (the Arizona Court of Appeals) or you can ask the family court for a new trial altogether. The latter option means that the court will vacate or throw out the original divorce judgment to schedule for a new trial.

Just because you are unhappy with the terms because they didn’t rule in your favor doesn’t give you authority to file an appeal. You must be able to provide specific grounds and legally acceptable reasons to present to the court when asking them to grant your appeal. You can work with a Glendale divorce attorney to find ways to establish that the judge made a legal error in your case, such as considering evidence they shouldn’t have or neglecting to accept testimony that could have supported your side.

In Arizona, you have 30 days to file to appeal your divorce judgment. This time limit starts on the day that the court files your judgment and it becomes a matter of record, versus the day when the judge actually signs it. To initiate the action, you must file a Notice of Appeal, and then your divorce attorney must filed a Record of Appeal and appellate brief, outlining where you suspect the judge made an error in your decree ruling.

The appellate court will then review this paperwork, as well as your ex-spouse’s paperwork if they respond to your appeal, which they likely will. A written decision will be issued, and in most cases you will not have to physically appear in court to argue your case.

If the Court of Appeals determines that a mistake was made in your case, they will remand the case back to the judge who made the error so they can reconsider the decision originally made. This doesn’t necessarily reverse the court’s decision, but gives the judge a second chance to reconsider the decision they made.

If you want to file an appeal and a motion for a new trail, you cannot do both at the same time. The Court of Appeals can only make a decision after the family court has closed your case officially. After your judgment if entered with the court, you have 15 days to file a motion for a new trial. The 30 day statute begins when the court decides your motion, and the resulting order is filed with the court. If denied a new trial, you can then file an appeal.

It is imperative that you read the final decree of your divorce before signing anything and making terms and conditions official. For legal assistance during your divorce case, contact a Glendale divorce attorney at The Sampair Group. Visit us today at www.sampair.com for more information and a free consultation.