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Can I Appeal My Divorce Decree | Arizona

Kathi Sandweiss | 1224 Views | 01/22/2015

Hi, I’m Kathi Sandweiss. I’m an appellate lawyer here at Jaburg and Wilk.

Can a divorce be appealed?

You can appeal really any of your issues that you disputed in your divorce decree, assuming obviously that you didn’t stipulate to your divorce decree. But assuming that there’s been a decree entered after some sort of a conflict – an adversarial proceeding – there’s no reason you can’t appeal.   The time for appeal is the same – 30 days – just as in a civil case.  And the kinds of things that we see people appealing in a divorce are: child custody arrangements, valuation of businesses, amount of spousal maintenance, amount of child support. Any of the things that you might be disputing in your divorce, if you’re unhappy with the result, certainly they can be appealed.  A trial lawyer will be looking for the facts, will be helping you through your case, and trying the case. An appeal is based on the record already made in the trial court.

Will you work with my current divorce attorney?

We like to work with the trial lawyers, including the divorce lawyers and certainly, we have no intention of stealing back your case after the case is decided on appeal. The hope for you, if we’re representing you as the appellant, is to have the matter remanded to the trial court, and at that point, then your divorce will proceed in the trial court.  Not only that, but we really like to have your trial lawyer’s input and have him or her review our briefs before they’re filed.

By: Kathi Sandweiss

Can I Appeal My Divorce Decree | Arizona

Hi, I’m Kathi Sandweiss. I’m an appellate lawyer here at Jaburg and Wilk.

Can a divorce be appealed?

You can appeal really any of your issues that you disputed in your divorce decree, assuming obviously that you didn’t stipulate to your divorce decree. But assuming that there’s been a decree entered after some sort of a conflict – an adversarial proceeding – there’s no reason you can’t appeal.   The time for appeal is the same – 30 days – just as in a civil case.  And the kinds of things that we see people appealing in a divorce are: child custody arrangements, valuation of businesses, amount of spousal maintenance, amount of child support. Any of the things that you might be disputing in your divorce, if you’re unhappy with the result, certainly they can be appealed.  A trial lawyer will be looking for the facts, will be helping you through your case, and trying the case. An appeal is based on the record already made in the trial court.

Will you work with my current divorce attorney?

We like to work with the trial lawyers, including the divorce lawyers and certainly, we have no intention of stealing back your case after the case is decided on appeal. The hope for you, if we’re representing you as the appellant, is to have the matter remanded to the trial court, and at that point, then your divorce will proceed in the trial court.  Not only that, but we really like to have your trial lawyer’s input and have him or her review our briefs before they’re filed.

By: Kathi Sandweiss