Post-Trial Matters in Colorado Divorce and Family Law
In divorce AKA dissolution, as well as child custody and support cases, some matters are resolved by agreement between the parties and some go to trial where a court decides the issues. After the agreement is reached or the hearing is held, there may still be some matters to handle.
After trial, a final order must be drafted and issued by the court as an order. In domestic relations cases, judicial officers often will deliver an oral ruling immediately after hearing or trial, however at times a court with set a later time for issuing a verbal ruling after review of the evidence. If a party is represented by counsel, the court will then usually require one counsel or the other to draft a proposed order, send it to the other party, and then submit to the court for review and signature. C.R.C.P. 121 § 1-16. The other party may object to the form of the order and file objections in writing within seven days, if desired. Once an order has been issued, either verbally or in writing, the order takes immediate effect.
Post-trial Relief. A party may request post-trial relief pursuant to C.R.C.P. 59 or 60. C.R.C.P. 59 may be a useful approach when the court has not made adequate findings or ruled on all required issues. Appeal may also be had if a party believes that there are errors of fact or law. It is important to note that an appeal is not a second trial. The appellate court may only review alleged errors of fact or law and appropriate deference is given to trial courts on factual matters. This is because the trial court heard the evidence presented directly and observed the demeanor of parties and witnesses.
Appeals are governed by the Colorado Appellate Rules (C.A.R.). A final order may be appealed as a matter of right. C.A.R. 1. A Notice of Appeal must be filed within 49 days of the entry of the order being appealed. C.A.R. 4. If a Rule 59 motion is filed within 14 days of the final order, the time to appeal will be tolled. Appeals can be costly and are not fast-paced. Additionally, appeals are not always successful. If an appellate court finds for an appellant, the court will usually remand the case back to the trial court for reconsideration and potential issuance of a new decision. The appellate court reviews the trial court record and does not hear new evidence.
Case Closure. There may be matters remaining to be addressed after the final order issues. It may be necessary to make beneficiary changes on insurance policies, wills, etc., Preparation of transfer deeds may be necessary for property transfers. It is common to prepare Qualified Domestic Relations Orders for the division of retirement accounts.Turning Change Into Opportunity in Colorado Springs
A knowledgeable and experienced divorce and family law attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating. This allows you to focus on to a better future. Divorce and family law matters are difficult to navigate alone.
Sabra Janko from Janko Family Law is a knowledgeable and experienced attorney who protects your best interests and ensures that you are aware of your legal rights and obligations. Contact us at 719-344-5523 for a free 30-minute informational consultation or complete our online form.