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In Arizona with regard to a family law case (Divorce) if…

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In Arizona with regard...

In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appeal. Can the opposing party still take possession by filing for contempt? My understanding was once a notice of appeal is filed that stops property awards until the appeal is heard?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just that it was a vehicle. And I have affidavits and proof it was a GIFT.

Submitted: 9 months ago.Category: Family Law
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Answered in 47 minutes by:
10/10/2017
Family Lawyer: socrateaser, Lawyer replied 9 months ago
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,055
Experience: Retired
Verified

Hello,

An appeal divests the Superior Court of jurisdiction to consider any issues related to the appeal. If the issue is a contempt action concerning the distribution of community property, and that distribution is on appeal, then the court is without jurisdiction to consider the contempt until the court of appeals rules and remands the case back to the Superior Court.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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