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Can you file an appeal on a divorce decree 7 months after the decree was finalized in Arizona Appeals Court?

Mesa, AZ |

My divorce was finalized in the Arizona Superior Court on November 26, 2012. My ex spouse filed a notice of appeal in July of 2013. The court of appeals have granted my ex spouse the rights to defer the cost of all fees for this process. Also, the appeals court has given my ex spouse until October 23, 2013 to file her opening briefs. She is pro per. The state of Arizona only allows 30 days after the divorce decree is finalized to file an appeal. Why are they still accepting her appeal after the 30 days have expired? What should I do?

Attorney Answers 4

Posted

If they granted her an extension, they granted her an extension.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree.

Posted

Mr. Tsourakis is correct; if the court granted an extension, they your ex-spouse has more time than the statutory period. The rules allow for the court to grant an extension.

DISCLAIMER If you found this answer helpful, please mark it as "helpful" or as the "best answer". If you'd like to schedule a consult, please call my office at 602.396.7668. This answer is general information only. The information presented should not be construed as formal legal advice, nor as the formation of a lawyer/client relationship. I am an Arizona attorney and can only really speak to Arizona law. Please consult an attorney in your state for specific answers. Please refer to Avvo.com's terms and conditions.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree; good info.

Posted

I think you need to file an objection based on timeliness and motion to dismiss the appeal as untimely. The grant of the extension may go back to the appeal deadline or it might just go to the automatic time from a notice to perfect the brief. Just because there is a statute of limitations on an appeal, if you don't raise it you waive it. There are times an appeal notice is not due 30 days after a decree is entered. One is when attorney fees are still pending. Another is when the appealIis actually accepted as a special action. There may be other exceptions. I hope this helps.

This is dealing with Arizona law only and does not constitute a attorney client relationship. There is no privilege in this forum. The information is somewhat anecdotal because of the nature of applying fact to law and the limitations this forum provides.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree; good observation.

Posted

They have not necessarily "allowed" her to file the Appeal. Anyone can file an untimely notice of Appeal, and then the other side should let the Court know that it was untimely. Under the circumstances you have described, i would expect a Motion to Dismiss would be successful.

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