David Cantor explains how to overturn or appeal a Decree of Dissolution in Arizona:
A decree of dissolution may end a marriage, but it does not necessarily mean all the divorce-related issues are settled.
If you have a dispute with a judge’s final ruling on such matters as monthly child support payments or marital property, for instance, then you can ask to have the decree of dissolution overturned. This can be done in three ways.
One way is to file a motion for reconsideration. This motion asks the judge to revisit an order made in the divorce case. This type of motion is usually filed when you believe the judge made a factual error or did not consider the evidence presented before making a ruling.
You must contact the court and have a transcript made of the judge’s order along with a written explanation stating the part of the order that is in question.
Then, you must file your motion with the judge and send a copy to your former spouse. The judge could deny your request and let the ruling stand or hear oral arguments on the request.
Another way to overturn a decree of dissolution is by filing a motion to set aside or modify the judgment. This motion is filed if you, for whatever reason, fail to respond to the petition for dissolution and a judge has already made a final judgment on the matter.
In filing the motion, you must state your reasons why the judge should set aside or modify the final ruling and give you the opportunity to respond and make changes to the dissolution petition.
You can also file an appeal to overturn a dissolution decree. When bringing a matter before the state courts, your attorney must be confident that there are legal grounds on which to appeal. Simply disagreeing with a county judge’s ruling will not be enough for the Court of Appeals to consider the request. An attorney that can present solid evidence may be successful in getting the appellate court to hear your case and reverse the lower court’s decision.
Under Arizona law, the methods to overturn a decree of dissolution all fall within a certain time period. It is important for your attorney to be aware of these deadlines so that you can find the best way to get your decree of dissolution request heard – and possibly overturned – by a judge.
If you are looking to overturn a Decree of Dissolution in Arizona and would like to speak with an attorney call our office at (602) 254-8880 to set-up a free consultation. You can also send us an email using our confidential secure email form.