Second Chances: Appealing Family Court Decisions
Family court decisions have a profound impact on your life. If you believe a judge made an error in your case or the outcome was unjust, you may have the option to appeal the decision. An appeal allows a higher court to review the lower court’s ruling and potentially overturn or modify it.
At Cervone Law P.C., our lawyer understands the complexities of the appellate process. With over 12 years of experience in family law, we provide knowledgeable and strategic representation to clients in Phoenix seeking to appeal family court decisions. We will carefully analyze your case, identify potential grounds for appeal and advocate for your rights in the appellate court.
Grounds For Appeal In Family Law Cases
Appeals in family law cases are typically based on one or more of the following:
- Legal error: The lower court judge misinterpreted or misapplied the law.
- Procedural error: The lower court failed to follow proper procedures, impacting the fairness of the proceedings.
- Abuse of discretion: The lower court judge made an unreasonable or arbitrary decision, exceeding their authority.
Our experienced attorney can review your case and determine if there are valid grounds for an appeal.
The Appellate Process
The appellate process involves several steps:
- Filing a notice of appeal: You must file a notice of appeal within a specific timeframe, usually 30 days from the date of the lower court’s judgment.
- Submitting briefs: You and the opposing party will submit written legal arguments (briefs) to the appellate court, outlining your positions and supporting evidence.
- Oral arguments: In some cases, the appellate court may schedule oral arguments, where attorneys present their arguments before a panel of judges.
- Appellate court decision: The appellate court will review the case and issue a written decision, which may affirm, reverse or modify the lower court’s ruling.
We will guide you through each step of the appellate process, ensuring your rights are protected, and your arguments are presented effectively.
Common Questions About Family Law Appeals
We understand that you may have questions about appealing a family court decision. Here are answers to some common inquiries:
Can you appeal a family court decision in Arizona?
In Arizona, “Any party aggrieved by a judgment may appeal as provided under Arizona law and by these Rules.” Therefore, the aggrieved spouse can appeal the ruling. Or an aggrieved spouse may file a counter-appeal after the other party initiates the appeal process.
How to win an appeal in family court?
Winning an appeal will require you to convince an appeals court that the family court made a procedural or legal error or abused its discretion during the trial proceedings and that error or abuse of discretion affected the case’s outcome to your detriment.
How do I appeal a divorce in Arizona?
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.
Don’t Give Up: Explore Your Appellate Options
If you believe a family court decision was unfair or incorrect, contact our lawyer at Cervone Law P.C. today. Our skilled attorney can assess your case, explain your appellate options and help you pursue the best course of action. Call us at 602-858-6329 or visit our contact page to schedule an appointment.