FAMILY LAW APPEAL ATTORNEY DENVER
Denver Family Law Appeal Attorney
It is important to know what can and can’t be appealed in a family court. Each state and court is different in how they go about appeals. In Colorado, you may submit a review to the appellate court only when a final written order is issued. We recommend speaking with a qualified family law appeal attorney before pursuing an appeal.
At Litvak Litvak Mehrtens and Carlton, we will advocate for you during this process. Our attorneys are recognized as some of the best family law negotiators in the state. We are here to answer your questions regarding family law appeals. To arrange a consultation with us, please call 303-951-4506 or fill out our online intake form.
What Is an Appeal in Family Law?
In a family law case, an appeal occurs when an individual believes the decision made in a lower court case is a mistake. This individual then asks a higher court to review the case in hopes of a different outcome or verdict.
The case that an individual seeks to be reviewed must be a final order. This means that all considerations for this case in the courtroom have been completed. If some of these are some considerations that have not been addressed, this is what is known as a temporary order. In the case of a temporary order, you must have permission to appeal the case.
How Does a Family Law Appeal Work?
If you receive a final order and you disagree with the outcome, you would appeal to a higher court to review the decision. Any evidence or documentation used in the previous trial will be reexamined by the higher court.
An appeal does not entail a new trial and it’s not a re-do of the prior trial. You aren’t able to introduce any new evidence in the courtroom. It is essentially a reexamination of the facts and evidence of the previous case that took place in the lower court. They may either change the final order or agree with the lower court and uphold it.
What Can You Appeal in Family Law?
You cannot appeal a court’s decision simply because you are unhappy with the outcome. You will need to argue that the previous order was a mistake and have evidence to back that up. An example of a mistake might be that the order is in violation of a Colorado law. It could also be that the judge based their decision on a mistake or an incorrect fact.
What Are Legal Grounds for an Appeal in Colorado?
An appeal is focused on the legal or technical error you claim the Court made that harmed your case’s result. We’ll go through your case to see if you have legal grounds to appeal. For example, if the Judge in your case misused the law or neglected to examine certain evidence before giving a judgement, you have the right to appeal.
It’s not uncommon for any party in a family law case to desire to appeal a final ruling involving divorce, child support, parental obligations, or another matter. Submitting an appeal, however, does not grant you the right to submit fresh evidence or have a new trial. An Appeals Court considers your current evidence as well as the Judge’s final findings in your case.
How Do I File a Family Law Appeal?
To file an appeal, you must be able to prove a reasonable issue that you would like to be reconsidered. There is generally a deadline for how long you are able to file for an appeal following a final order. If you meet these criteria, you will then check with your local court to see which forms and documents need completing.
Once you have your paperwork, you will file the notice of the appeal with the court. You may be required to pay a fee at this time. You will then need to file a brief with the court that outlines the reasons for the appeal.
In a family court, you should also notify the ex-spouse or party in question of your request for appeal. If you do not wish to do this in person, your court should help you in notifying the individual.
How to Prepare for a Family Law Appeal
The best way to prepare is to fully understand the appeals process. An appeal allows you to reverse or alter a court’s judgment on child custody and support, marital property division, alimony, and other family law matters. Judges can make mistakes that have an impact on the result of a case. These mistakes might be the foundation for your appeal. For the judge’s judgment to be reconsidered and reversed, errors in fact or law must be proved to the appeal court.
You will not be able to retry your case through the appeals procedure. During the appeal, neither party is allowed to present fresh evidence. The appeal court’s job is to look at the evidence from your trial and see if the judge made any mistakes in delivering a final ruling. Misapplication of the laws and making decisions that would not have been made by a rational individual given the evidence offered are common mistakes.
How to Start the Family Law Appeals Process
First, you must submit a Notice of Appeal to appeal a judge’s decision. You have 49 days after a ruling becomes final to file the notification under state law. You must inform the Court and your ex-spouse of your intention to appeal. The following information may be found in the Notice of Intent.
- A summary of the nature of your case
- The final orders that you wish to appeal from the District Court
- What you want the Appeals Court to grant. This might be a new hearing or even a trial in the District Court.
The Court will also want records of any hearings or trials that support the initial conclusions, as well as contact information for all parties involved.
Gather Information and Prepare for Your Case
If you choose to partner with Litvak Litvak Mehrtens and Carlton, our lawyers will immediately begin working on your case. We begin by examining the issues and then compiling a list of papers and other evidence that we want to present in our appeal.
Following that, we’ll draft our written arguments for your case. This is our chance to make a strong argument for why you should be granted an appeal. We’ll spell out exactly what the Court of Appeals has to do to resolve your issue.
Our attorneys will perform extensive investigation into your case to ensure that we have all of the necessary material to defend your appeal. We will assist you in fighting for a fresh decision if the Judge in your initial case made an error or did not correctly read the law.
Argue Your Case in Court
We may have the chance to present your case to the Court of Appeals. To do so, we’ll need to file a motion for oral arguments, which the Court can either allow or refuse.
The opposing party gets an opportunity to react when we have filed all of our briefs, transcripts, and other papers, as well as fulfilled all of our other requirements. We’ll keep you updated on the status of your appeal at all times.
How Do I Know if My Appeal Will Be Considered?
The higher court will notify you if and when they choose to deny or approve your appeal. If approved, the court will then review your previous order and facts of the case to determine if the ruling will remain or change.
Why Is It So Important to Meet Deadlines?
For appeals, the Appeals Court has rigorous timeframes and essential technical criteria. For example, the Court may require a certain quantity of copies of a document to be delivered by a given date and structured in a specific manner. Our legal team will make certain that we comply with these standards so that you do not forfeit your chance to appeal.
Contact a Denver Family Law Appeal Attorney
If you have any other questions regarding family law appeals, contact Litvak Litvak Mehrtens and Carlton today. We will walk you through the process and give you advice on how to improve your chances of winning an appeal. As the most respected family law firm in Colorado, we handle a wide variety of cases and matters involved in divorce. Our Denver divorce attorneys have the skills and experience necessary to handle high asset divorce, complex child custody cases, and much more. Call us at 303-951-4506 or visit our website to schedule a consultation.