Tempe Family Law Appeal Attorneys

Family law decisions can shape the course of your life for years to come. When a judge issues a final ruling in a divorce or custody matter, that ruling can impact your finances, your property rights, and even your long-term relationship with your children. And while many people assume that once a judge speaks, that is the end of the matter, the truth is, in certain situations, it is not. Judges, like all people, can make mistakes. Sometimes those mistakes are small, while other times, they are significant enough that the outcome of the case may have been affected. When that happens, you may seek an appeal. If you’re looking to appeal a decision, contact the knowledgeable Tempe family law attorneys at Weingart Family Law for an initial consultation so we can discuss your circumstances today.

What is a Family Law Appeal?

A family law appeal is not a new trial, and it is not an opportunity to introduce new evidence. It is also not a second chance to present testimony you forgot to offer the first time. Instead, an appeal is a formal request asking a higher court to review whether the trial court made a legal mistake.

Most family law appeals from Maricopa County are heard by the Arizona Court of Appeals, Division One. That court reviews the official record from the lower court, including transcripts, exhibits, and written filings, to determine whether the law was properly applied.

It’s also important to understand what an appeal is not.

An appeal is different from a modification. A modification asks the same trial court to change an order because circumstances have changed in a substantial and continuing way. For example, a major change in income may justify modifying child support. A relocation may justify revisiting parenting time.

An appeal, on the other hand, argues that the original decision was legally incorrect at the time it was made.

Which Family Law Decisions Can Be Appealed in Arizona?

Not every ruling can be appealed immediately. Generally speaking, only final orders or judgments may be appealed. A final order is one that resolves all issues between the parties. Some of the most common family law decisions that may be appealed are as follows:

• Final divorce decrees
• Legal decision-making and parenting time roles
• Child support determinations
• Spousal maintenance awards
• Property division rulings
• Enforcement orders with serious legal consequences

Temporary orders issued during an ongoing divorce case are not typically appealable in the traditional sense.

In most family law cases, a Notice of Appeal must be filed within 30 days of the entry of the final judgment. If that deadline passes, you may lose your right to appeal entirely. Our Tempe, Arizona family law appeal attorneys stand ready to help.

What Are the Grounds for a Family Law Appeal?

It is important to understand that you cannot appeal simply because you disagree with the outcome. The appellate court does not reweigh evidence. It does not decide which party was more credible. It does not substitute its judgment for the trial court simply because another outcome might have also been reasonable. Instead, an appeal must be based on legal error. Some of the most common grounds for a family law appeal are as follows:

• Misinterpretation or misapplication of Arizona statutes
• Failure to consider required statutory factors, particularly in child custody cases
• Abuse of discretion in dividing community property
• Improper admission or exclusion of evidence
• Violations of due process
• Calculation errors affecting child support or spousal maintenance

How the Arizona Family Law Appeals Process Works

Generally, the family law appeals process goes as follows:

• A Notice of Appeal is filed within 30 days of the final judgment.
• The official record is prepared, including transcripts of relevant hearings.
• The appealing party files an opening brief outlining the legal errors and citing Arizona statutes and case law.
• The opposing party files an answering brief.
• A reply brief may be submitted.
• The Arizona Court of Appeals reviews the briefs and record, and issues a written decision.

In some cases, oral argument may be scheduled, though many appeals are decided solely on the written submissions.

The appellate court may affirm the lower court’s decision, reverse it, modify it, or send the case back for further proceedings. However, appeals can take many months, and sometimes longer, to resolve.

Contact Our Phoenix Metropolitan Area Family Law Appeal Lawyers

If you believe a family court decision in Tempe or anywhere else in The Valley was issued in error, our Tempe family law appeal attorneys are here to help. Contact Weingart Family Law for an initial consultation today.