Colorado civil appeal dissolution marriage
You cannot successfully appeal a family law decision just because you do not like the outcome. An appeal must be based on a claim that the result is erroneous due to a mistake on the part of the judge or malfeasance on the part of your ex-spouse and his or her attorney.
A family law appeal can be in regard to one specific issue of your divorce case or include a large number of issues. You have only a limited time in which to appeal from a trial court judgment. A brief must be written outlining the procedural and legal issues that are the grounds for a family law appeal.
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The Court of Appeals will not consider new evidence. Typically, the Court of Appeals considers what is contained in the appellate briefs and the transcript from the trial.
If the Court of Appeals needs additional clarification, it may request oral arguments by the lawyers. In some instances the Court of Appeals will change the trial court decision.
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In other instances, the case may be sent back to the trial court for a new trial or re-examination of certain issues. Our attorneys are experienced in family law appeals and are familiar with the processes involved. Kaplan Law L.
Common Law Divorce in Colorado
Not all lawyers who handle divorce appeals understand the practical aspects of working on a case from the start. With more than 30 years of experience, our founding attorney has not only handled a broad range of family law matters but has shaped Colorado law through successful divorce appeals and other family law appeals. Apellate courts do not re-try cases, and they are usually limited to reviewing evidence presented at the original hearing. Most reversals occur after a lower court judge interprets the law incorrectly, admits evidence in error, or does not support the judgment with sufficient facts.
The odds against reversal mean that the initial presentation of a case at the trial court is critical and that the record created can make or break the appeal. On appeal, the key is to focus on legal issues that could sway the appellate judges to rule in your favor.
In Re Marriage of Rodrick, 176 P.3d 806 (Colo. Ct. App. 2007)
Making a persuasive argument and being able to identify the key issues are legal arts. This is one reason why so few lawyers are successful on appeal. To learn more about our appellate practice, please call us at or contact us via our secure online form. We also accept referrals from other family law practitioners who do not handle divorce appeals or family law appeals.
Family Law Appeals | Denver Divorce Lawyers Plog & Stein P.C.
Legal malpractice case. Plaintiff contends the trial court erred in granting summary judgment in favor of the defendants. The Court of Appeals agrees. If a trial court judgment is based on determinations of multiple issues — any of which standing independently would be sufficient to support the result — the judgment is not conclusive with respect to any of the issues standing alone. Father appealed. Former husband appealed from order of the Morgan County District Court valuing his interest as beneficiary in trust in dissolution action.
The appellate court agreed with mother that the trial court failed to make findings sufficient to modify decision-making and exceeded its statutory authority pertaining to relocation orders. To implement our plans of action, we identify key facts, experts and conduct aggressive discovery. To schedule a free initial consultation with one of our experienced family law attorneys, please call us today! Schultz v.