May 11, 2013

Practice Tip – Findings of Fact & Conclusions of Law

Procedure is something that just cannot be ignored.  In the recently decided divorce case, Naseman v. Naseman, Division One of the Arizona Court of Appeals indicated just that.

In Naseman, Husband argued on appeal that the family court failed to make sufficient findings regarding spousal maintenance pursuant to Rule 82, Arizona Rules of Family Law Procedure. The Court noted that when a party timely requests findings of fact, the family court’s factual findings must be sufficient to allow an appellate court to examine the family court’s basis for its decision. However, a litigant must object to inadequate factual findings and conclusions of law to give the court an opportunity to correct them. Since Husband did not challenge the sufficiency of the findings in the family court. Thus, he was found to have waived this argument.

More on Naseman and its substantive ruling to come. 

Contact Nirenstein Garnice Soderquist PLC for all of your Arizona Family Law needs. 

Practice Tip – Findings of Fact & Conclusions of Law

Procedure is something that just cannot be ignored.  In the recently decided divorce case, Naseman v. Naseman, Division One of the Arizona Court of Appeals indicated just that.

In Naseman, Husband argued on appeal that the family court failed to make sufficient findings regarding spousal maintenance pursuant to Rule 82, Arizona Rules of Family Law Procedure. The Court noted that when a party timely requests findings of fact, the family court’s factual findings must be sufficient to allow an appellate court to examine the family court’s basis for its decision. However, a litigant must object to inadequate factual findings and conclusions of law to give the court an opportunity to correct them. Since Husband did not challenge the sufficiency of the findings in the family court. Thus, he was found to have waived this argument.

More on Naseman and its substantive ruling to come. 

Contact Nirenstein Garnice Soderquist PLC for all of your Arizona Family Law needs.