Marriage and divorce rates declined across the nation between 2011 and 2021, according to data from the United States Census Bureau, but both of these significant life events continue to take place. When people pursue a divorce, they may not always obtain a favorable outcome; however, it could be possible to appeal the divorce decree if some type of legal error or oversight occurred that impacted the court’s ruling. Find out how to effectively navigate the challenges of appealing a divorce judgment, and discover how a seasoned Arizona divorce attorney can assist individuals considering a divorce with their legal concerns. Call Sullivan Shick at (480) 719-2558 today to arrange a confidential consultation.
Understanding Divorce in Arizona
Divorce refers to the legal procedure of concluding a marriage, governed at the state level. According to 25-312(1) of the Arizona Revised Statutes, Arizona divorce requirements state that one of the spouses must be an Arizona resident for a minimum of 90 days prior to filing, or for military members, stationed in the state for a 90-day continuous period. An Arizona divorce court may grant a divorce if they believe it is impossible for the couple to reconcile, either because the parties agree or do not deny this or because only a single party states this and the judge agrees after holding a hearing (and sometimes an additional hearing).
Arizona also recognizes covenant marriages; for these marriages, obtaining a divorce is only possible for specific reasons, including adultery, felony conviction, abandonment for at least a year or if the spouse does not expect the abandoning spouse to return within 12 months, sexual or physical abuse, emotional or domestic violence, separation from the home for a minimum of two years, legal separation for a minimum of 12 months, alcohol or drug abuse, or agreement for the divorce on both sides. Applying for a divorce in Arizona involves completing these steps:
- Meeting the state’s residency requirements
- Having a reason to pursue a divorce, and for covenant marriages, providing proof of a valid ground
- Filing divorce papers with the divorce court and sending copies to the other spouse
- Waiting to see if the other spouse contests the contents of these papers; in which case, they will file their own papers and several court hearings may then take place to resolve any divorce issues, but if the spouse does not object to the paper’s contents, then the divorce proceeds by consent or by default
- Working out property division, financial support, and potentially custody issues either via a settlement outside of court or through court hearings
Why Appeal a Divorce Judgment?
At the end of divorce proceedings, a judge issues a divorce decree containing the terms of the divorce. These decrees outline each spouse’s rights, detailing the divorce’s key elements, including property division, debt allocation, child custody, and other areas. Each of these areas can have a significant impact on a person’s life, so if one or both parties believe the judge’s decision contained errors, it might be appropriate to pursue a divorce appeal.
What Does Appealing a Divorce Judgment Involve?
A divorce appeal entails asking a court of appeals to review the decision of the judge in the original divorce case, as opposed to trying the case again, which means they rarely consider new evidence. Rather than pursuing this route because of not being content with the divorce ruling, an appellant must have compelling reasons to challenge the judgment. Some appropriate reasons for pursuing an appeal include procedural errors, factual inaccuracies such as those related to asset division or child custody, errors in terms of applying legal principles, misrepresentations or assets hidden by one party that could have impacted the original decision, or the discovery of new facts that were not available during the original case.
Gain additional knowledge regarding the complexities of appealing a divorce judgment, including how to navigate them, and explore the legal options available to those unhappy with their divorce decrees. Get in touch with Sullivan Shick today to discuss any divorce-related legal queries with a knowledgeable Arizona family law attorney.
Should I Appeal a Divorce Judgment?
Deciding whether to appeal a divorce decree is a careful balancing act. On the one hand, winning an appeal can result in a new divorce trial or a change to the existing divorce decree, which could lead to more beneficial divorce terms. However, on the other hand, pursuing an appeal is a lengthy, costly process, and success is not a certainty.
If the spouses are unhappy with the decree’s terms, (for example, in terms of spousal support or child support calculations) they may consider petitioning for a modification, which requires demonstrating a substantial change in their circumstances. Often, this is a quicker and easier process compared to a divorce appeal. That said, if a spouse can produce compelling evidence of a judge abusing their discretion or the occurrence of significant legal or factual errors, they may want to consider seeking an appeal to invalidate part of or the entire divorce decree.
How To Appeal a Divorce Judgment
During an appeal, the appellate court reviews the original trial evidence, as well as the arguments presented by the appellant. Appealing a divorce ruling involves following the steps below.
Determine Basis of Appeal
To appeal a divorce, it is necessary to prove an error occurred that materially impacted the trial judge’s decision. This might involve highlighting a legal error, such as misinterpreting a premarital agreement or the law, showing that the court applied processes incorrectly (for example, not correctly excluding or admitting evidence or denying or granting motions), made a ruling not sufficiently supported by evidence, or ignored evidence when making its ruling.
Submit Notice of Appeal
This document informs the courts, attorneys, and the other spouse of the intention to appeal. The appealing party must file this notice to their local court of appeals within 30 days of the trial judge issuing the court decree, and the appellant has to serve a copy of this notice to their former spouse.
Devise Record on Appeal
Next, begin preparing the record on appeal, which refers to the documentation that supports a divorce appeal. This usually includes transcripts of the trial and excluded or admitted documents, known as the reporter’s record, as well as the clerk’s record, which encompasses filed documents with the court clerk necessary for the appeal, such as motions, pleadings, orders, and the trial judge’s verdict.
Draft and Submit the Appellate Brief
The following step involves each spouse creating and submitting appellate briefs, a document outlining their legal arguments, in addition to supporting documentation, adhering to the appellate court’s formatting requirements. After submission, the courts either make their decision or make arrangements for oral arguments.
Present Legal Arguments
If the court of appeals permits oral arguments, both parties get the opportunity to give arguments before the judges. Some courts always include this element of the appeal, whereas others may only permit them if one party requests this or the judges believe it can help provide clarification.
These arguments are usually much shorter than in a trial, typically lasting no longer than an hour. As part of the process, the judges may ask questions for additional information, and there might be time to make comments on the opposing party’s arguments.
Wait for the Court’s Decision
Finally, wait for the court to render their verdict, which typically takes between 90 and 180 days after the court hears oral arguments. The court may reach various decisions, such as rejecting the appeal, changing the original judge’s ruling, or reversing the trial court’s decision (partially or wholly).
Speak to an Experienced Arizona Family Law Attorney To Understand More About Your Legal Right To File an Appeal
When a court issues a divorce decree, changing it can be difficult and rare; one option is to seek a modification, which involves demonstrating a significant change in the spouses’ circumstances, and another relates to appealing the judgment by proving that there were errors or oversights in the original divorce case. If a person believes inaccuracies were present in their divorce case, leading to unfavorable divorce terms, they might want to think about discussing their case with an experienced Arizona divorce lawyer. To organize a consultation with Sullivan Shick, call our team today at (480) 719-2558.