Appealing a Divorce Decree
In Arizona, a divorce decree becomes final when it is signed by the judge and filed with the court clerk. Once finalized, the terms of the decree, including asset division, child custody, and support arrangements, are legally binding. However, errors in the application of the law or miscalculations can justify an appeal.
According to Arizona Revised Statutes (A.R.S.) § 12-2101, appeals must typically be filed within 30 days of the decree’s entry.
Want to Appeal Your Divorce Decree?
Get Immediate Help from Our Arizona Family Law Attorneys.
We are Available to Talk Now.
Or, Continue Reading Below About:
Appealing a Divorce Decree
What are the Grounds For Appealing
When appealing a divorce decree in Arizona, it is important to understand the specific grounds that the law recognizes as valid for an appeal.
Not every dissatisfaction with the court’s decision qualifies for an appeal.
The following are the recognized legal grounds for appealing a divorce decree under Arizona law:
①Legal Errors
These occur when the court applies the law incorrectly during the trial. Legal errors can include misinterpretation of statutes, incorrect rulings on the admissibility of evidence, or improper instructions to the jury.
Example of Acceptable Appeal:
- The judge misapplied the law regarding the division of marital property, leading to an unfair distribution.
- The court failed to consider certain financial assets as community property, affecting the final settlement.
Example of Unacceptable Appeal:
- Disagreement with the judge’s decision on spousal support amount without evidence of a legal error.
- Belief that the child custody arrangement is unfair, without showing that the judge made a legal error.
②Procedural Issues
These involve violations of procedural rules or due process during the trial. Procedural issues can include the denial of the right to present evidence, improper conduct by the court, or failure to follow established court procedures.
Example of Acceptable Appeal:
- One party was not given the opportunity to present critical evidence due to the court’s procedural error.
- The judge refused to hear testimony from a key witness, impacting the case’s outcome.
Example of Unacceptable Appeal:
- Complaints about the overall length of the trial or dissatisfaction with the judge’s demeanor, without showing a procedural violation that affected the outcome.
③New Evidence
Newly discovered evidence that was not available during the original trial and could significantly impact the case’s outcome may be grounds for an appeal. This evidence must be genuinely new and not something that could have been discovered with reasonable diligence before the trial.
Example of Acceptable Appeal:
- Discovery of hidden assets or bank accounts that were not disclosed during the original trial.
- New medical evidence affecting child custody arrangements that was not available during the trial.
Example of Unacceptable Appeal:
- Attempting to introduce evidence that was known but not presented during the trial due to strategic reasons.
- Bringing forward information that is not directly relevant to the core issues of the case.
④Misconduct
Misconduct by any party involved in the trial, including attorneys or the judge, can be grounds for an appeal. This can involve unethical behavior, bias, or actions that undermine the fairness of the trial.
Example of Acceptable Appeal:
- Evidence that the opposing attorney engaged in unethical conduct, such as presenting false information.
- Proof that the judge had a conflict of interest or demonstrated clear bias against one party.
Example of Unacceptable Appeal:
- Accusations of bias without concrete evidence to support the claim.
- General dissatisfaction with the opposing attorney’s aggressive tactics during cross-examination.
⑤Insufficient Evidence
If the decision made by the court is not supported by the evidence presented during the trial, it can be grounds for an appeal. This means the court’s findings are clearly against the weight of the evidence.
Example of Acceptable Appeal:
- The court awarded sole custody to one parent without sufficient evidence to justify the decision, ignoring substantial evidence favoring joint custody.
- The court’s financial settlement is significantly unbalanced due to the misinterpretation of presented evidence.
Example of Unacceptable Appeal:
- Belief that the court should have given more weight to personal testimony over documented financial records.
- Dissatisfaction with the court’s interpretation of evidence, without proving it was insufficient to support the ruling.
Understanding these grounds helps in determining whether pursuing an appeal is warranted.
If you are unsure if your case would qualify for an appeal, consult with an experienced family law attorney to evaluate the specific circumstances and develop a strategic approach to the appeal process.
How Does The Appeal Process Work
Appealing a divorce decree in Arizona involves a detailed legal procedure that must be carefully followed to ensure your appeal is considered by the court. Understanding each step in the process can help you handle it more effectively and improve your chances of a successful outcome.
Filing a Notice of Appeal
The first step in the appeal process is filing a notice of appeal with the court that issued the original divorce decree. This notice must be filed within a strict timeframe, typically within 30 days of the decree’s entry, as stipulated by Arizona Revised Statutes (A.R.S.) § 12-2101.
- Prepare the Notice: The notice must include specific information such as the case number, the names of the parties involved, and a statement indicating the intent to appeal.
- File the Notice: Submit the notice to the court clerk and ensure it is filed within the required timeframe to avoid dismissal of the appeal.
- Serve the Notice: Serve a copy of the notice to the opposing party, ensuring they are formally informed of the appeal.
Preparing the Appellate Brief
The appellate brief is an important document in the appeal process. It outlines the errors made during the trial and presents the legal arguments for why the original decision should be reversed or modified.
- Compile the Record: Gather all relevant documents, transcripts, and evidence from the original trial to include in the appellate record.
- Draft the Brief: The brief must clearly articulate the legal errors or procedural issues and cite relevant laws and precedents supporting your arguments.
- Submit the Brief: File the completed brief with the appellate court and serve a copy to the opposing party.
Oral Arguments
In some cases, the appellate court may schedule a hearing for oral arguments. This provides an opportunity for both parties to present their case and answer questions from the judges.
- Prepare for the Hearing: Review the appellate brief thoroughly and prepare to address potential questions from the judges.
- Present Arguments: During the hearing, present a concise and compelling argument, focusing on the key issues raised in the appeal.
- Respond to Questions: Be prepared to respond to questions from the judges, clarifying any points and reinforcing your arguments.
Waiting for the Decision
After the oral arguments, the appellate court will review the case and issue a decision. This process can take several months, depending on the complexity of the case and the court’s schedule.
- Review the Decision: Once the court issues its decision, review it carefully to understand the outcome and any further actions required.
- Next Steps: If the appeal is successful, the case may be remanded for further proceedings or the original decree may be modified. If the appeal is denied, further legal options, such as appealing to a higher court, may be considered.
Can You Go Through the Appeal Process Without a Lawyer
While going through the appeal process without a lawyer is possible, it is generally not advisable due to the complexity and high stakes involved. The appeal process requires a thorough understanding of legal principles, procedural rules, and the ability to craft persuasive legal arguments.
Without the expertise of a lawyer, you risk missing details that could jeopardize your case. Hiring an experienced family law attorney can provide the guidance and support necessary to increase your chances of a successful appeal.
If you choose to self-represent, there are resources available, such as legal aid organizations and online guides, to help you through the process.
Is Appealing a Divorce Decree The Same Thing as Appealing a Divorce Settlement
Appealing a divorce decree is not the same as appealing a divorce settlement. A divorce decree is the final judgment made by the family court after a trial, and appealing this decree involves challenging the lower court’s decision based on errors of fact or law. This process requires filing a notice of appeal within 30 days of the divorce judgment and presenting your case to the Arizona Court of Appeals.
In contrast, a divorce settlement is an agreement reached between the parties, often through negotiation or mediation, and then approved by the court.
This settlement outlines the terms of the divorce, including asset division, child custody, and spousal support. Reaching a settlement typically involves both parties, their attorneys, and sometimes a mediator, working together to come to a mutually acceptable agreement.
Examples of Common Reasons to Challenge a Divorce Settlement
Challenging a divorce settlement focuses on the fairness of the agreement and may be based on several grounds:
- Fraud: One party may have concealed assets or provided false information during the negotiation process.
- Coercion: If one party was pressured or forced into agreeing to the settlement terms under duress.
- Mistake: Both parties made a mutual mistake regarding important facts that significantly impact the settlement.
- Significant Change in Circumstances: After the settlement, a substantial change in circumstances, such as a drastic change in financial status or health, can render the original agreement unfair.
Consulting with experienced Arizona divorce attorneys can help you determine the best approach for your specific situation, whether you are dealing with an unfair divorce settlement or seeking to correct errors in the final divorce decision.
Divorce Appeal FAQ
1. What is the difference between an appeal and a modification in a divorce case?
An appeal challenges the trial court’s decision based on errors of fact or law, whereas a modification seeks to change the terms of a divorce order due to significant changes in circumstances, such as a change in income or relocation.
2. How long does the Arizona divorce appeal process take?
The duration of the Arizona divorce appeal process varies, but it generally takes several months to over a year, depending on the complexity of the case and the court’s schedule.
3. Can I appeal the trial court’s decision if I missed the 30-day deadline?
If you missed the 30-day deadline to file an appeal, you might be able to file a petition for an extension. However, this is only granted under exceptional circumstances and is at the discretion of the court.
4. What is the role of the Arizona Supreme Court in divorce appeals?
The Arizona Supreme Court reviews cases at its discretion, often involving significant legal questions or inconsistencies in the law. Most divorce appeals are first heard by the Arizona Court of Appeals.
5. Can I stop paying child support during the appeal process?
No, appealing the trial court’s decision does not suspend your obligations under the original divorce order, including child support. You must continue to comply with all terms until the appeals court issues a final decision.
6. What if I disagree with the appellate court’s decision?
If you disagree with the appellate court’s decision, you can petition for a review by the Arizona Supreme Court. However, the Supreme Court has discretion over which cases it chooses to hear.
7. Can both parties appeal the divorce ruling?
Yes, both parties can file an appeal if they believe the trial court’s decision was incorrect. Each party must file a notice of appeal and follow the appropriate legal procedures.
Contact the Family Law Attorneys at CHM
At Colburn Hintze Maletta, our experienced family law attorneys specialize in handling divorce appeals in Arizona. We approach each case with empathy and personalized attention, fully understanding the emotional challenges involved. Our team takes the time to comprehend your unique circumstances, ensuring our legal strategies are tailored to meet your specific needs.
By fostering strong attorney-client relationships based on trust and open communication, we ensure that you feel supported, valued, and empowered throughout the legal process. If you are considering appealing your divorce decree, contact the family law attorneys at CHM today. We are committed to helping you achieve a fair and favorable outcome in your divorce appeal.
Reach out to our law firm at (602) 825-2500 to schedule a consultation and take the first step towards securing your legal rights.
Always Available 24/7 for Legal Help
Schedule an Appointment Today!
Call Us Now to Speak with an Attorney (602) 825-2500
What People Say
Client Testimonials
“Having him as my attorney has definitely been a blessing”
Having Darin as my attorney has definitely been a blessing. Not only did he handle my divorce with professionalism, but he also made sure to clarify and explain every process. Any time there were complications, he was quick to find a solution that best fit our needs. He always went the extra mile to make sure my kids were going to be in good hands and was able to reason and reach an agreement with an otherwise difficult opposing counsel. Darin is new, but he was built to be a lawyer. He has more knowledge and professionalism than most attorneys who have been doing this for years, and always consults with other attorneys so the case always moves forward with a solid defense. Would recommend him to all family and friends!
Fara Arefi - Avvo Review
“I will, without hesitation, seek his counsel in the future if there is ever a need”
In a time of panic, Mr. Hintze proved to be invaluable I recently was denied a level one fingerprint clearance card through the Arizona Department of Public Safety as a result of a misdemeanor charge that occurred 16 years ago in my youth. This fingerprint card was the only thing standing between me and my ability to attend Arizona State University’s Edison College of Nursing. When I explained the details of my denial he immediately devised and executed a plan that ultimately resulted in me being awarded my fingerprint clearance card. Mr. Hintze’s confidence and steady demeaner brought a sense of relief to me, as I knew from the first conversation we had that his steadfast ability to navigate toward a productive resolution would be instrumental in my success. I appreciate Mr. Hintze beyond words and I will, without hesitation, seek his counsel in the future if there is ever a need.
Amanda - Avvo Review
“They provide outstanding legal services”
Colburn Hintze Maletta PLLC provided outstanding legal services. Their expertise and dedication were evident from our first consultation through to the successful resolution of my case. They were attentive to my needs, responsive to inquiries, and navigated complex legal issues with confidence. I highly recommend them for anyone seeking reliable and knowledgeable legal representation.
Izac - Google Review
“I appreciate everything more than they will ever know”
Both my attorney Judie Rettelle and paralegal Whitney Stricker made a very difficult situation in my life (a divorce with 2 young children involved) a bit easier with first and foremost, their kindness to me and patience with me. I appreciate everything more than they will ever know. They were also extremely knowledgeable on all fronts and extremely prompt and detailed with their communication. I function the same way, so that really helped a lot. Thank you both again for everything. No one wants to have to go through a divorce, but if it happens, you need someone you can trust and count on – CHM and Judie/Whitney specifically – are those people.
Jennifer kelley - Google Review
“Hands down the best attorney for family law!”
Darin is hands down the best attorney for family law! He made me feel heard and validated in my concerns for my daughter during this custody battle and was very up-front about what to expect and what was a likely outcome right off the bat. Communication was constant and timely, even when he couldn’t handle a concern or something going on with the case due to scheduling he pulled the entire firm in to help and get everything done! I’ve never experienced such a friendly, understanding, and caring manner from an attorney before so I will ALWAYS recommend this amazing law firm to anyone who needs it.
Kyla Dawnne- Google Review
“I highly recommend their services to anyone in need of a reliable and compassionate family law attorney.”
I had an exceptional experience with this Family Law Attorney. They handled my child support litigation, contested divorce, and custody & visitation rights with utmost professionalism and expertise. Their guidance through the divorce litigation process was invaluable, and they were incredibly thorough with the modification of court orders. They also assisted me with paternity establishment and drafting a prenuptial agreement, which gave me great peace of mind. The attorney’s approach to property division and spousal support & alimony litigation was fair and meticulous. They were also very supportive during the restraining order litigation, ensuring my safety and well-being. I highly recommend their services to anyone in need of a reliable and compassionate family law attorney.
Alicia Cisneros - Google Review
“Exceptional customer service”
Thank you Juanita for your professionalism, knowledge & exceptional customer service. I highly recommend and greatly appreciate it.
LeVonn Vonni Salas - Google Review
“They are extremely capable and have great instincts”
Two of the partners of this firm supported me in some very contentious divorce issues. Darin and Tim are extremely capable and have great instincts on how to navigate sticky circumstances in a professional manner in front of Judges and court administrators. I found them to be understanding, time efficient, and sufficiently assertive to win my cases. For any Family Law or Criminal Defense situations, I would endorse and highly recommend this firm.
Vern Braaksma- Google Review
“He treated us as individuals with unique circumstances and emotions”
I had an incredibly positive experience with Colburn Hintze Maletta’s firm, especially thanks to attorney Henry Álzate. He played a crucial role in guiding my mother’s case, especially regarding financial support after her unexpected divorce. Henry demonstrated a profound commitment, ensuring to pursue of the best possible outcome with dedication and empathy. One of Henry’s standout qualities is his genuine care for individuals. Despite my mother’s language barrier, Henry facilitated communication, ensuring she comprehended every step of the legal process. This made a significant difference in our comfort and understanding throughout the case. His ability to convey complex legal matters in a clear and compassionate manner is truly admirable. Throughout our interactions, Henry’s charisma and warmth made us feel valued beyond just being clients; he treated us as individuals with unique circumstances and emotions. His support and determination to achieve favorable results for my mother were evident from start to finish. I highly recommend Henry Álzate and the Colburn Hintze Maletta firm for anyone seeking legal assistance, especially in family law matters. Henry’s professionalism, empathy, and dedication are exemplary, ensuring that clients receive not only exceptional legal representation but also genuine support during challenging times.
Yajaira Magana - Google Review
“They worked fast and hard to win my case”
They helped me and provided me with outstanding service. They worked fast and hard to win my case. I’m very grateful. Thank you!
Miguel Gomez - Google Review
“His expertise was what made this a smooth ride”
My experience at CHM was the best yet, Darin was an excellent help to my messy custody case from start to finish. His ability to convey complex legal matters in a clear and compassionate manner. His expertise was what made this a smooth ride. I highly recommend CHM to anyone seeking any type of legal assistance.
Annabel Pacheco- Google Review
“I highly recommend her”
I just want to share my extraordinary experience with Juanita . Very grateful they took care of my request in a timely manner very quickly and efficiently. I highly recommend her.
Karina Armendariz - Google Review
“They were fast and reliable”
I had a great experience, Jessica and Juanita gave exceptional service they were fast and reliable. Will definitely recommend it to my family and friends.
Grecia Enriquez - Google Review
“Outstanding Family Law Attorney Office”
Outstanding Family Law Attorney Office the team provided exceptional service during a difficult time. Their professionalism, empathy, and expertise in family law were evident from start to finish. They were always responsive and offered clear, practical advice that made navigating my case much easier. I highly recommend them for anyone in need of a trustworthy and skilled family law attorney.
Lisa Carranza - Google Review
“He know’s how to get really good results”
I had an unfortunate DUI arrest a little over 3 months ago. There were many DUI law firms I found online, and the reviews all seemed to be pretty good. What stood out to me about Timothy’s credentials though, was his sheer expertise in the field. After speaking with his firm during my initial consultation, it was clear to me they all took pride in fighting for their clients and achieved outstanding results. Everything was explained to me in great detail, in an honest and easy to understand way, and all my questions were answered thoroughly. Upon taking him on as my legal representation, he appeared for me in court so that I didn’t have to. Tim also called me periodically to keep me updated on my case. The outcome was a complete dismissal of my DUI case, along with a void of the license suspension which I did not think would ever happen. Those are amazing results… This is a very professional law firm, and Timothy know’s how to get really good results. I would definitely recommend him to anyone who wants somebody that’s truly on their side and will fight for them.
Jonathan - Avvo Review
“He is a very impressive man! He was outstanding throughout the entire process”
David Maletta representing me made me very delighted. He is a very impressive man! He was outstanding throughout the entire process. Superbly cordial and expert. Having him on my side made all the difference in the world. I couldn’t have imagined a better result. I advise him to everyone who is facing legal difficulties. I appreciate all of your effort.
Audy - Avvo Review
“They have shown nothing but kindness and concern, and are always a step ahead”
I want to say thank you CHM Lawfirm for helping me get through some legal issues. Tim Hintze recently helped me in a legal case and he did an amazing job and is a magnificent lawyer! I could see that he was very passionate about helping me and had a genuine concern about exposing and fighting the false accusations against me. I would also like to thank Alysa Hudson and Whittney Stricker, who has been helping me in family court in a custody case for my child. They have shown nothing but kindness and concern, and are always a step ahead. I have confidence that they will lead me to a great outcome!
Hilario Serafin - Google Review
“Their service was by far the best! Couldn’t be happier”
Their service was by far the best! Couldn’t be happier, This firm had me at ease and with full confidence, took much of stress off. Can’t help to mention but thanks to Juanita for your patience with me.
Hose B - Google Review
“AMAZING communication!”
AMAZING communication!! I was impressed by their commitment to going the extra mile for me. Highly recommend!
Sandi Jarquin - Google Review
“They provided excellent legal representation with clear communication and a strategic approach”
I highly recommend. They provided excellent legal representation with clear communication and a strategic approach. From start to finish, their professionalism and expertise were evident, resulting in a successful resolution of my case. Their responsiveness and support made a challenging process much easier. Overall, exceeded my expectations and I wouldn’t hesitate to use their services again.