Scottsdale Appeals Lawyers
Are you dealing with a family court decision you disagree with? Do you feel lost or unsure of what to do? At BTL Family Law, our Scottsdale appeals services lawyers are here to help. We offer legal support to tackle the appeals process with as much confidence as possible.
Understanding a Family Law Appeal
In a family law appeal, you ask a higher court to review the lower court’s decision and identify any errors in how it applied the law. It’s not a do-over of your trial. Instead, the appeals court carefully looks at what happened in the original case – the transcripts, the evidence, the legal arguments – and the higher court reviews the case to determine if any mistakes affected the outcome.
In Arizona, family law appeals often involve decisions about things like:
- Divorce agreements
- Determining who gets custody of the kids
- Parenting time schedules
- Calculating child support
- Spousal support awards
- Dividing property
- Orders of protection in domestic violence cases.
Scottsdale Practice Areas
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We are here to answer your questions, discuss your options, help you understand your rights, and, if we represent you in your matter, our lawyers will guide you through every step of the process.
Why Choose BTL Family Law?
Local Appellate Experience
Appeals need a different set of skills than regular trial work. At BTL Family Law, our Scottsdale appeals services lawyers have:
- A deep understanding of Arizona’s appeal rules
- Top-notch legal research skills
- Excellent legal writing abilities
- Sharp analytical thinking
- Experience presenting arguments to appellate judges
We know that doing appeals right means paying close attention to the little things, understanding the law inside and out, and making compelling arguments in writing and in person.
How You Can Find Us and Contact Us for a Consultation
Burggraff Tash Levy PLLC (BTL Family Law) is located at 8980 E. Raintree Drive #110 in Scottsdale, AZ 8526, near the Raintree Center business district. Phone (480) 307-6800 for a consultation. We’re open Monday through Thursday from 9 a.m. to 5 p.m. and Friday from 9 a.m. to 12:00 p.m. We’re close to popular sites like Taliesin West, Frank Lloyd’s home, and Scottsdale Ranch.
When Can You File an Appeal?
Not every decision you dislike is appeal-worthy. Usually, appeals courts only step in when:
- The judge got the law wrong.
- The judge’s decision conflicted with the facts of the case.
- There wasn’t enough solid evidence to support the ruling.
- The court failed to apply the legal rules correctly.
- Someone violated a person’s constitutional rights.
Therefore, an appeal must involve actual legal mistakes because you’re unhappy with the result. Our appeals lawyers can examine your situation and tell you if you have a factual basis for an appeal.
What’s the Timeline for Appealing in Arizona?
The appeals process here is strict about deadlines and procedures. Here’s a rough outline:
- Notice of Appeal: You’ve got 30 days from the final decision to file the appeal.
- Record Prep: Getting all the transcripts and records together.
- Opening Brief: This is where you present your legal arguments explaining why the appeal deserves approval.
- Answering Brief: The other side gets to respond to your arguments.
- Reply Brief: You can address any new points in the other side’s response.
- Oral Arguments: Sometimes, the lawyer argues the case in person before the judges.
- Decision: The court makes its ruling. It can agree with the original decision, overturn it, change it, or send it back to the lower court for another look.
Missing a deadline or not complying with the procedure can throw your appeal out. That’s why having an experienced appellate attorney on your side is essential.
The Best of Both Worlds: Family Law and Appeals Know-How
Our legal team at BTL Family Law has a unique combination of skills in both family law and the appeals process. This means we can:
- Spot legal errors in family court decisions
- Understand how family laws and past cases all fit together
- Develop strong legal arguments specifically for family law appeals
- Navigate the special rules that apply to these kinds of appeals
- Anticipate what the other side might argue, based on our extensive experience in family law .
Navigating Appeals: A Personalized Approach
At BTL Family Law, we know that every family case is a story filled with unique details and personal information. So, regarding appeals, our approach is about understanding your family situation.
That’s why we thoroughly examine your case before considering moving forward. We’ll lay out your chances, clear as day, and any limitations we see. The whole appeals process? We’ll walk you through it. And you’ll get regular updates, tailored advice, and a strategy built just for your goals and objectives.
Appeals can drag on in the court system. Therefore, our team is laser-focused on keeping things moving while giving you top-notch legal representation. That means we’re on it regarding deadlines, streamlining the paperwork, and developing the strongest legal arguments. We make it our mission to work hard to cut out any unnecessary delays and provide services that are as cost-effective as possible.
Family Law Appeals: What We Handle
Divorce Decrees
Divorces are complicated. You can appeal different parts of a divorce decree, like how your property was valued and divided, or who is responsible for certain debts. You may have disputes on retirement account distributions, business ownership, or tax information. Our Scottsdale appeals services lawyers can take a look and tell you if the court wrongly interpreted the law about equitable distribution or if something else went wrong that’s worth appealing.
Parenting Time
Some of the most sensitive cases involve parenting time. Grounds for an appeal may involve improperly applying the child’s best interests standard or the judge not considering all the essential factors.
Sometimes, the court might give too much weight to one aspect of the case without a good reason or may improperly restrict parenting time. In some cases, the court may not have considered the evidence of domestic violence or substance abuse. Our attorneys know how urgent and sensitive these factors are and will work hard to fix any legal errors impacting your relationship with your children.
Child Support
Child support follows guidelines, but errors still occur. For instance, there can be errors in calculating your or your spouse’s income, or the court may not have correctly applied deviation factors.
Did they forget to consider special needs or extraordinary expenses? How are parenting time adjustments handled, and how are healthcare costs divided? If there are legal or math errors in your child support order, we can build a solid case for getting it changed.
Spousal Maintenance (Alimony)
Appeals involving alimony often revolve around whether the court correctly applied the law for awarding maintenance or didn’t figure out how long payments should last. Maybe they miscalculated financial needs or didn’t fully consider something limiting someone’s earning potential. Our attorneys review whether the court made the right decision on whether alimony should be awarded, how much, and for how long.
Property Division
Dividing property fairly in Arizona takes careful legal work. Appeals might challenge whether the court wrongly labeled assets as separate or community property or used the wrong method to value real estate.
Sometimes, courts overlook tax consequences or fail to examine businesses and retirement accounts carefully. Our Scottsdale appeals services lawyers understand all the financial factors and know how to explain errors in the division of property.
Domestic Violence Orders
These orders have significant legal and personal consequences. Appeals might focus on not having enough evidence or proper evidence and protections in place to safeguard the interests of everyone involved. Navigating an appeal, particularly in sensitive family law matters, demands precise legal applications and a recognition of the personal impact on everyone involved.
The Appeals Process with BTL Family Law
Initial Consultation and Case Evaluation
Appeals begin with a careful review of your case by our lawyers to understand what went wrong. We pore over documents, search for errors, and pinpoint where the court ignored the rules. Does something seem off? This type of review helps us determine whether you have the grounds and basis for an appeal.
We’ll also lay out the process itself, explain the potential outcomes (the good and the bad), and give you a realistic sense of costs and timelines. Being informed lets you decide if pursuing an appeal is right for you.
Developing Your Appellate Strategy
Next, we’ll create a plan for your appeal. This isn’t just about legal research. It’s about strategy: digging into precedents, examining statutes, and building the strongest case possible. What are the strongest arguments we can make, and more importantly, how will the other side respond? This planning stage prepares us for the next phase of the legal process.
Preparing and Filing Appeal Documents
Paperwork can make or break your case. You must meet strict deadlines and file documents correctly. We’re talking about the Notice of Appeal, Civil Appeals Docketing Statement, transcripts, records, and all-important opening brief.
If we trip and miss a step, the case is over before it begins. Our team has experience and meets the standards appellate courts require.
Written Advocacy
We craft compelling arguments, citing the right cases and clearly and logically demonstrating where the lower court went wrong and how that error affected the outcome.
The team of lawyers at BTL Family Law is exceptionally skilled in being very convincing in legal writing and presenting your arguments in a way that deserves.
Oral Arguments
Not every case allows oral arguments, but if yours does, we have the experience to help. We are prepped and ready to go. During this time, we focus on anticipating questions, polishing presentations, and rehearsing rebuttals. It’s like a trial, only condensed and concentrated on specific legal points. Our attorneys’ experience before appellate judges enables us to advocate effectively for your position in this critical forum.
Post-Decision Options
Once the court has made its ruling, what happens next? We’ll explain the verdict and your options. You can ask the Arizona Supreme Court to review the court’s decision, or we can file a motion for reconsideration.
Maybe the court ruled in your favor! Whatever the outcome, we’ll guide you through the proper steps, ensuring the court’s decision is implemented correctly and preparing you for whatever comes next in the trial court.
FAQs About Family Law Appeals
How long does an appeal take in Arizona?
Appeals in Arizona can be… involved—anywhere from six months to a year and a half. A lot depends on how complicated the case is, how busy the court is, and whether the court decides to have oral arguments. The process demands careful examination of the law and requires patience.
Can I introduce new evidence in my appeal?
No. In this case, appeals are limited. The appellate court reviews the evidence and arguments presented in the original trial and doesn’t consider new evidence, which makes it vital to present all relevant information during the initial trial.
Does Filing an Appeal Put Everything on Hold?
Filing an appeal doesn’t automatically stop the original order from being enforced. You may ask the court to put things on pause while you’re appealing your case. Our attorneys can give you a sense of your chances, case by case.
I’ve Won My Appeal... Now What?
Triumphing in an appeal doesn’t necessarily mean winning the whole thing outright. Usually, the appellate court remands the case and sends it back to the trial court with instructions. Sometimes, they might tell the trial court to reconsider some factors. And in rare situations, they might completely reverse the original decision.
How Much Will This Appeal Cost Me?
What is the price tag on a family law appeal? It depends on the issues’ complexity, how long the trial record is, and how much legal research is needed. During your initial consultation, we’ll give you a clear idea of the potential costs based on what’s going on in your case. We’ll talk about viable payment options.
Can I Appeal Any Family Court Decision?
No, you can’t appeal every decision. Usually, it’s final orders and judgments that are eligible. Some interim decisions face challenges through special actions, but those cases follow their rules. If you are unsure, our attorneys can figure out whether an appeal is the right move for you.
Do I Need a Lawyer for My Appeal?
Arizona will let you represent yourself (that’s called “pro se”) in appeals. However, the rules of appellate procedure are detailed and confusing, so it’s generally a good idea to have a lawyer help. The Arizona Court of Appeals even has a pro se guide. However, dealing with all the deadlines and the other legal requirements requires someone with legal knowledge.
What Makes BTL Family Law Different?
We believe in clear communication and no legal jargon! At BTL Family Law, we offer a blend of a deep understanding of Arizona’s family laws coupled with experience in appellate rules of law. This combination allows us to provide the representation you need when tackling such a pivotal legal hurdle.
Request A Consultation Today
To explore your options further, call BTL Family Law, your trusted Family Law attorney in Scottsdale, at (480) 307-6800 or fill out our online form to arrange a consultation now.