Arizona Rules of Family Law Procedure (ARFLP), specifies that any action/motion for relief must be brought “within a reasonable time” and where based on mistake, inadvertence, surprise, excusable neglect, newly discovered evidence which cannot have been discovered in time to move for a new trial, fraud, misrepresentation, or other misconduct of an adverse party, not more than six months after the entry of the judgment. Subsection F of Rule 85, ARFLP, allows the Court to grant relief for “any other reason justifying relief from the operation of the judgment.” If the former spouse is citing mental incapacity or other illness to set it aside, there must be documentation of mental health diagnosis of incapacity. To merely cite stress or emotional upset as a basis for setting aside a Decree of Dissolution under Rule 85C1f, ARFLP, nearly all Decrees could be subject to revision. The Court may take judicial notice that in almost every instance, dissolution of marriage is a distressing and stressful process, fraught with emotional upheaval. Contact: Craig Simon at Simon Law, 480-745-2450]]>
