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Due Process

July 2, 2026

Due process means fair notice and a meaningful opportunity to be heard before a court enters orders that affect a person's rights. In Arizona family law due process requirements govern how hearings are noticed, how evidence is presented, how orders are issued, and what procedures the court must follow before making decisions that affect parenting, property, or support.

Courts violate due process when they rely on evidence that was not properly admitted and that the parties did not have an opportunity to challenge. The Gonzalez v. Dayton case from the Arizona Court of Appeals in May 2026 is a recent example. The court vacated a legal decision making order because the judge relied on a CAA report that had never been admitted into evidence. Since it was never admitted into evidence the

Due process protections apply to both parties. They protect the party seeking relief from having their evidence ignored. They protect the responding party from having orders entered against them without notice and an opportunity to respond.

 

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7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253