The Process for Filing a Divorce Appeal

If the judge deciding your divorce case makes a legal mistake that occurred during the actual divorce proceedings, then you may have the ability to file an appeal. It is extremely important that you read your divorce decree in detail after you receive it. Not only does this help you to understand its contents, but it is also a way of ensuring there are no mistakes.

There is an extremely limited time frame for filing an appeal. Therefore, if you believe there is a mistake in the application of the law to your case, you should contact an attorney immediately.

It’s worth noting that there are only two possible outcomes if you file an appeal:

  • The Court of Appeals agrees that the deciding judge made a mistake either in the divorce decree or during the divorce proceedings. In this scenario, your case will be remanded, which means it is sent back to the original court with specific instructions for the judge on how to correct the mistakes.
  • The court affirms the deciding judge’s decision. If the decision is affirmed there will be no changes made to any of its contents.
  • It should be noted that the Court of Appeals can affirm part of the original decision and remand part of the original decision.

Keep in mind that an appeal means significantly more legal expenses, more time spent in a courtroom and more time potentially conflicting with your former spouse. Appeals should not be filed in situations where you merely do not like the outcome.

To learn more about your potential options when it comes to appealing your divorce, meet with a skilled Minnesota family law attorney at Appelhof, Pfeifer & Hart, P.A. today.

 

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