Mistakes can happen in court processes, including with family law cases. Sometimes, judges make mistakes when making decisions about cases.
When a mistake occurs, you may want to appeal a lower court ruling. You can do this by going to an appellate court. The appeals process includes strict deadlines and specific paperwork. Accuracy matters.
If you receive an adverse ruling from the court in a family law case, you may have the right to appeal to the Colorado Court of Appeals and, in some cases, to the Colorado Supreme Court to overturn the adverse ruling. Whether you are the appealing party or appellee, we will represent you at the Court of Appeals and Supreme Court to protect your rights.
What is A Divorce Appeal?
A divorce appeal is when one party challenges the decision made by the judge regarding custody, visitation, child support, spousal maintenance, division of property or debt, or other issues related to the dissolution of marriage. The appealing party must file their notice of appeal within 49 days after the date of the final decree. If you believe there were errors in the judgment, you may file an appeal.
In most cases, the appellate court will review the record of the trial court proceedings and determine whether the trial court erred in its rulings. The appellate court does not re-try the case; instead, they look at the evidence presented during the trial court proceedings to see if the trial court reached
Typical Grounds for Appeal
Not all cases are open for appeal. The appealing party must establish proper grounds for the request.
When you file an appeal, the appellate court reviews the entire case to determine whether the court decided the case correctly. If the court finds that the trial court did not follow the law, they have a few options for the appellate decision.
Reversal – The court decides the initial case decision was inaccurate and vacates the judgment.
Remand – The court sends the case back to family court for a review and rehearing.
Affirm – The court upholds the family court’s ruling, and the decision stays the same.
Modification – The court modifies part of the original decision.
You do not have to hire a lawyer to represent you on appeal. However, an experienced family law attorney will explain your appellate options and procedures. Appellate attorneys understand the complexities of the appeals process and improve the likelihood of success.
Divorce Appeal Experienced Attorney
Philip Goldberg PC has the knowledge and experience to guide clients through appeals. We are here for you if you need help appealing after the divorce proceedings. We review the divorce judgment to identify any legal errors, abuse of discretion, or other factors that may aid in reviewing the divorce settlement.
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