When faced with a divorce decree that they are unhappy with, some people wonder if it is possible to appeal it and get a different, more favorable ruling. Everyone is entitled to appeal any decision but there are some things that are important to understand about appeals.
In Arizona, your attorney can ask the judge to reconsider a ruling in your case. This is a request that the court revisit its decision and consider some overlooked evidence or correct an error. Your attorney can also ask that the court overturn its own decision if you failed to respond in time and a ruling was made without your input.
It is also possible for your attorney to file for a modification of your court order after it has been entered. If circumstances change after the divorce, custody case, or child support case was decided, it may be appropriate for the court to revisit the case and make a new decision based on the changes that have happened.
An appeal is when your attorney asks a higher court, called an appellate court, to review the legal decisions the court made in creating your decree. This is not an opportunity to introduce new evidence or have the case reheard, but is simply a request for the appellate court to decide if the judge applied the law correctly in your case.
Because there is a very short window of time in which an appeal can be filed, it is very important that you talk about an appeal with your attorney as soon as possible. Because appeals are very technical legal procedures, it is absolutely essential that you use an attorney for your appeal.
If you have a divorce or family case in the Phoenix, Mesa, and Glendale areas of Arizona, the Sampair Group is ready to represent you. Contact our office now for an appointment.