Appealing a Family Court Decision in Arizona: What You Need to Know

When an Arizona family court issues a final judgment — whether it involves divorce, custody (legal decision-making), parenting time, spousal maintenance, child support, or property division — one or both of the parties may wonder whether the decision can be appealed. The short answer is that final judgment may be appealed. However, it is important to understand that an appeal is not a second trial. 

An appeal is a structured legal process in which a higher court reviews whether the trial judge made legal errors. Typically, the higher court relies on the trial judge’s rulings about the weight of the evidence. Meaning that if there is conflicting evidence, the higher will usually not second-guess the trial judge’s decision to accept one version of events over the other. Instead, the higher court looks to make sure that the decision was based on evidence and that the trial judge correctly interpreted / relied on the law in making the final orders. Below, this writing breaks down the major steps how Arizona family law appeal, mentions some of the rules that govern them, and describes some things to expect from the process.

What Can Be Appealed?

You may generally appeal final judgments and orders in family law cases. See Ariz. R. Fam. L. Pro. 78 (describing what constitutes a “judgment” in the context of family law cases). Examples of the kinds of final orders that may be appealed include:

• divorce decrees / separation decrees
• decrees establishing or modifying legal decision-making orders
• decrees establishing or modifying parenting time orders
• decrees establishing or modifying child support 
• decree establishing or modifying spousal maintenance awards
• judgments dividing marital property and debts
• judgments awarding attorney’s fees and costs

The key is that the judgment / orders must be final in the case. Orders made on an interim basis during the case, such temporary orders or interlocutory orders, are usually not appealable. Instead, they may be challenged through a special action under the Arizona Rules of Procedure for Special Actions, which is a type of action for review that is sometimes allowed when there is no other procedural method for resolving the issue. See RPSA 2. Appeals from family court follow the Arizona Rules of Civil Appellate Procedure, along with relevant provisions of the Arizona Rules of Family Law Procedure.

Deadlines: The Notice of Appeal

For appeals, timing is absolutely critical. To initiate the appeals process, a notice of appeal must ordinarily be filed in the trial court within thirty (30) days of the entry of the final order or judgment being appealed. See ARCAP 9(a). The notice of appeal must specify:

• The party appealing.
• The judgment being appealed.
• The appellate court.

Missing this deadline usually means losing the right to appeal. However, if the other party also wants to challenge the ruling, they may file a cross-appeal within twenty (20) days of the filing of the notice of appeal. See ARCAP 9(b). Additionally, certain post-judgment motions may extend the appeal deadline under certain circumstances. See ARCAP 9(e)(1).

Building the Record

The appellate court does not hear new evidence or retry the case. Instead, it reviews the record from the trial court — including transcripts, exhibits, and pleadings, to determine whether there has been error in the proceedings. It is the appellant’s obligation to make sure the record includes everything needed for the appellate court to consider the issues on appeal. See ARCAP 11(c). This means that the appellant ordinarily secures a transcript of the proceeding and makes sure it is included in the record on appeal. See id. If no transcript exists, the appellant may submit a narrative statement of proceedings, subject to court approval. See ARCAP 11(d). If an appellant fails include a critical part of the record on appeal, such as the transcript, the appellate court may just assume that the missing part of the record includes information that would have supported affirming the trial court’s judgment.

Writing the Briefs

Once the record is set and transferred of the appellate court, and any required fees are paid, the parties file briefs with the appellate court, including:

• Appellant’s Opening Brief: This document identifies the issues and argues why the trial court erred.
• Appellee’s Answering Brief (Appellee): This document defends the trial court’s decision.
• Appellant’s Reply Brief (Appellant): This document responds to arguments made in in the appellee’s answering brief.

The briefs must comply with strict formatting, citation, and page limits. Rule 14 of the Arizona Rules of Civil Appellate Procedure governs these issues.

Oral Argument

The Arizona Court of Appeals may allow oral argument if requested. See ARCAP 18. During oral argument, each side is given an opportunity to summarize their position and answer the judges’ questions. 

Standards of Review

How the appellate court looks at each issue depends on the standard of review, which is driven by the nature of the issue being considered.

• De Novo Review: For questions of law, such as statutory interpretations or rule interpretations, the appellate court decides the issues as question of law with no deference to the trial court. See In re Reymundo F., 177 P.3d 330, 332 (Ariz. App. 2008).
• Clear Error/No Evidence: For factual findings, the appellate court defers to the trial court unless the trial court’s findings lack evidentiary support. See Sabino Town & Country Estates Ass’n v. Carr, 920 P.2d 26, 29 (Ariz. App. 1996).
• Abuse of Discretion: For trial court decisions that are left to the discretion of the trial court, such as certain procedural matters, the appellate court affirms the trial court unless that discretion was “abused”, such as be being clearly unreasonable. See Ferrill v. Ferrill, 514 P.3d 292 (Ariz. App. 2022)

Possible Outcomes

The appellate court may:

• Affirm: Meaning the appellate court has upheld the trial court’s decision.
• Reverse: Meaning the appellate court overturned the trial court’s decision.
• Modify in Part: Meaning the appellate court has upheld portions of the trial court’s decision and changed other parts of it.
• Remand: Meaning the appellate court has sent the case back to the trial court with instructions.
• Award Expenses: Meaning the appellate court is requiring one of the parties to the pay other party’s attorney’s fees and/or costs in bringing in the appeal.

Next Steps: Arizona Supreme Court Review

If a party loses in the Arizona Court of Appeals, that party may petition the Arizona Supreme Court for further review. See ARCAP 23. However, the Arizona Supreme Court chooses which cases it will hears and there is no guarantee that any given case will be considered by the Arizona Supreme Court.

Practical Considerations

• Appeals Take Time: An appeal will often take between nine (9) months to fifteen 15 months (or longer) from the time of the initial judgement through obtaining relief.
• Family Support Orders Continue: Unless stayed, family support orders remain in effect, so child support and spousal maintenance may continue to be due.
• Appeals Are Technical: Because of the strict deadlines and formatting rules apply and because appeals hinge on the trial record and legal arguments, it is often wise to consult with or have the assistance of an appellate attorney who understands both family law and appellate procedure.

Final Thoughts

An appeal is not a new chance to argue the case, but rather a review of whether the trial court applied the law to the facts of the case correctly. With the right strategy — and careful attention to Arizona’s appellate rules — you may be able to correct an error that significantly affects your family law judgment. If you have family law matter in the State of Arizona and would like to discuss your options for representation, contact Huffman-Shayeb Law, PLLC to schedule a consultation.