Divorce and Family Law Appeals
Many people consider appealing in divorce and family law cases if the trial court order is not as expected. Keep in mind that an appeal is not a do over just because one person or the other does not like the court order. An appeal has to be based on an error of fact or law as documented in the court transcript. Only final orders can be appealed with a few exceptions, such as temporary spousal maintenance, child support and attorney’s fees.
Temporary orders on parenting time and decision-making are not appealable right away until there is a final order. This is because the final order can always substantially change parenting time and decision-making. In post-decree matters motion decisions are considered to be final.Timing
A Notice of Appeal is due 49 days from the date of the final order. Ideally a transcript has been obtained before this and very specific issues on appeal can be crafted for the notice. The notice requires a statement of issues to be considered on appeal. The issues on appeal must have been raised in the trial court. Issues can not be raised on appeal for the first time. It is important to attach a copy of the order on appeal to the Notice.Motions For Stay
It is possible to request a stay of the lower court order which would hold the implementation of the order in abeyance. The request must first be made to the trial court or an explanation must be provided to the appellate court as to why no request was first made.Issue Selection
Identification of issues on appeal should be carefully evaluated. Aspects to consider are the impact of the issue on the client; the potential relief if the court decides in the applicant’s favor; the likelihood of success on appeal; and whether the issue was preserved.
The appellate court reviews the trial court record and determines whether there were material legal or factual errors. Appellate courts can not hear new evidence. They determine whether the trial court properly applied the law and drew conclusions about evidence presented.Determinations of Error
If an appellate court determines that there was reversible error, the case is typically remanded to the district court to correct the error. The remand order may direct the trial court to take more evidence, or reconsider the issue based on the existing evidence. There may be a new hearing. For example, if the issue involves parenting time, there is frequently a new hearing to determine the best interests of the child as that may change. Also, requests for attorney’s fees often require a determination of how reasonable the amount requested is.Turning Change Into Opportunity in Colorado Springs
You will want an experienced attorney on your side for your one bite at the court apple. An experienced attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Colorado Springs Divorce and family law matters are difficult to navigate alone.
The court system is more complex than it should be. Change can be stressful, however it can lead to a better future. Janko Family Law Solutions helps ensure that your best interests are protected and that you are aware of your legal rights and obligations. Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.