Appealing a Divorce Decree in Arizona: FAQs (Pt. 2)
Continuing from Appealing a Divorce Decree in Arizona: FAQs (Pt. 1) , here, we will answer some more common questions that arise when people are considering appealing a final divorce judgment.More Important Info About Appealing a Divorce Decree in ArizonaQ – What are the Grounds for Appealing a Divorce Decree in Arizona?
A – In general, the grounds for appealing a divorce decree in Arizona include (but are by no means limited to):
- The exclusion of certain marital property from the divorce proceedings
- A judge’s alleged mistakes and/or misapplication of the law.
Here, however, it’s crucial to note that, just because a judge may have made errors or mistakes during the course of the divorce, this fact alone may not be sufficient grounds for obtaining an appeal. This is because it must also be established that the mistakes or errors in question were substantial enough to cause harm to one party and impact the final divorce decree.Q – What Happens When an Appeal is Successful?
A – In the event that appealing a divorce decree in Arizona is successful, any number of different things can happen next (depending on the nature of the issue at hand, as well as how that issue impacted the divorce decree in question).
For instance, the following are just some of the next steps that can take place after a successful appeal:
- Part of the final divorce decree will be thrown out/invalidated.
- The entire divorce decree can be invalidated.
- Both parties will be ordered to go back to mediation and/or court to work out the unresolved issue(s) (or develop a new marital settlement agreement).
If your ex has been successful in appealing a divorce decree in Arizona, it’s likely in your best interests to retain an experienced lawyer to see you through the next steps in the process.Q – How Much Does it Cost to Appeal a Divorce Decree in Arizona?
A – We can’t answer this question without first reviewing the specifics of a given case. What we can tell you, however, is that:
- Appealing a divorce decree in Arizona is generally not a “cheap” process.
- The longer the process takes, the more expensive it will likely be.
- Even if you win your appeal, the costs of the process will not be over, as you will likely have to prepare to cover the costs of the next phase – which could be a new divorce trial.
Don’t miss the upcoming conclusion to this blog series for some more important info about appealing a divorce decree in Arizona.Scottsdale Divorce Attorney at the Law Office of Karen A. Schoenau
Do you need help filing for divorce or resolving a post-divorce issue? If so, you can count on Scottsdale Divorce and Family Law Attorney Karen Schoenau for effective representation and the best possible outcomes to your case. For more than 30 years, Karen Schoenau has been dedicated providing people with the highest quality legal services for all of their important family law issues, and she is ready to put her skills, experience and resources to work helping you.Contact us Today
To receive professional advice and learn more about how we can help you, schedule an initial consultation with Attorney Karen Schoenau. You can set up this meeting by calling 480-209-1918 or by emailing us using the drop-down contact form at the top of this page.
From her offices based on Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.