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- SAMPLE MOTION FOR RECONSIDERATION DIVORCE TRIAL
- SAMPLE MOTION FOR RECONSIDERATION DIVORCE PROFESSIONAL
Typically, one spouse gets the vehicle and the other spouse gets half the value as his or her community share in cash or other assets. One marital asset, such as a vehicle, cannot be cut in half and divided equally between the parties. When spouses do not agree on their property division, spousal maintenance, a parenting plan, child support, or all of the above, the family law judge must decide every outstanding issue for them. But unless the spouses reach agreement on all of the issues, the outcome will have some uncertainties. People going through divorce proceedings are typically very invested in their cases. It is possible for the prevailing party to be awarded his or her attorney’s fees and appellate court costs, but such an award is discretionary with the appeals court and is not an absolute right. Talk to a divorce appeals attorney first, then make a decision. Think carefully about the likelihood of success before committing to an appeal. In fact, a frivolous appeal based solely upon spite, for instance, could result in being charged the cost of appeal along with the other spouse’s legal fees. Is the judge’s ruling worth appealing? Not every disagreement with the court is worthy of investing the time, energy, and expense of appeal. Or an aggrieved spouse may file a counter-appeal after the other party initiates the appeal process. Therefore, the aggrieved spouse can appeal the ruling. “Any party aggrieved by a judgment may appeal as provided under Arizona law and by these Rules.” Rule 1 of the Arizona Rules of Civil Appellate Procedure (ARCAP) states: The division of community property in the decree based upon a finding of one spouse having wasted marital assets is another example of an appealable judgment. The judge’s ruling on a motion, such as an order to pay temporary spousal support during divorce proceedings, may be appealed. What issues in a divorce can be appealed? Consider two examples. And both the parties and their children will have to live with that.
SAMPLE MOTION FOR RECONSIDERATION DIVORCE TRIAL
But the aggrieved party who chooses not to appeal when circumstances warrant doing so only ensures that the trial court’s final judgment will be the last word on the matter.
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There is no guarantee, of course, that the appeals court will come to a different conclusion.
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Sometimes the results of divorce can seem unfair, inequitable, unjustified, or just plain wrong based upon what the current law is and the specific facts of the case.
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Still, appellate review could make a substantial difference in an otherwise unsatisfactory outcome. The notion of going through yet more proceedings – the civil appeals process – can be overwhelming. Can Appellate Review Change the Outcome of Divorce?ĭivorce can be stressful for both spouses.
SAMPLE MOTION FOR RECONSIDERATION DIVORCE PROFESSIONAL
An attorney with Stewart Law Group is just the professional to explain the process and guide you through it. We also recommend taking time to talk with an attorney who has substantial experience in divorce and family law appeals. Don’t miss out on tips that could be important given your specific circumstances. There is some cross-over, so be sure to read all the information on this website.