22nd Mar 26 8:09 am
JamieCourt decisions are complex, multifaceted issues, and family law appeals exist to help keep court rulings on matters like divorce, child custody, and spousal support legally consistent and just. However, due to the extra layers of complexity with appellate court processes, filing for and succeeding in an appeal can be incredibly difficult. Trial courts and courts of appeal are completely different both in substance and in process, as the intents of the two institutions are separate. To succeed in family law appeals, petitioners may benefit from the insight and assistance of a skilled divorce appeals attorney.
An experienced Colorado divorce attorney can help evaluate the details of the case, review the trial record, and compose a written brief for an appeal. Additionally, an attorney can use their legal experience and knowledge to help inform their client of the viability of their case and which legal strategies to employ. Recognized by Lawyers of Distinction in 2022, Colorado Divorce Law Group is an experienced firm that can help families navigate civil appeals in Colorado. With 14 years of specialized family law experience in the Denver area, founding attorney Brandi Petterson can help inform clients of their legal rights. Call the office today at (720) 593-6442 to speak with a Colorado divorce attorney in a free consultation.
The appellate courts in the United States are designed to review and correct errors from the trial courts. This means that an appeal is not a retrial of a court case, but a review of the legal details and applications of the law, based on grounds like abuse of discretion, insufficient evidence, and other errors of law. Through the Colorado appeals process, decisions like child custody orders, property distribution, and alimony may be revised or corrected if it is found that a significant error of law affected the verdict.
Family law appeals in Colorado provide a legal mechanism for reviewing trial court decisions in matters such as divorce, child custody, spousal maintenance, and property division when legal or procedural errors may have occurred.
Colorado Divorce Law Group assists individuals throughout the Denver area and across Colorado by providing guidance on family law appeals and related domestic relations matters.
Some family court orders are difficult or impossible to appeal, like a divorce. Since a divorce can be initiated by only one party, there is very little an appeal could do to reverse a court decision on a marriage dissolution. However, there are many aspects of a litigated divorce that may be appealed. For example:
In the trial courts, a judge will generally present a court order based on the arguments presented during the divorce. If these decisions are erroneous or based on any of the following grounds for an appeal, the petitioner may be able to have the orders reviewed in an appeal.
Family law appeals cannot be filed simply because a party is unhappy with the results of a trial case after the divorce process. Appeals must be based on certain provable and legally viable grounds for family law appeals, which can provide individuals in a family law case with an opportunity to petition for an appeal. Before a family law appeal can even be filed, the petitioner must identify valid grounds for an appeal. An experienced divorce attorney may be able to help with identifying grounds for an appeal.
For a specific evaluation of your family law case, speak with an experienced family law appeals attorney from Colorado Divorce Law Group today.
An error of law could invalidate or significantly impact the outcome of a trial case. Some examples of this can include misinterpretation or misapplication of state statutes, but this is not the only possible error of law that could influence the outcome of a case. This could also include a misapplication of the facts of the case, as well as procedural errors. Incorrect jury instructions, failure to follow court standards during the trial, and other mistakes could provide grounds for an appeal.
Another common factor in family law appeals is the abuse of judicial discretion. While the law is broad and complex, covering many unique and specific scenarios, every family law case is specific and granular. Judges must use their legal understanding and experience to make discretionary applications of the law to specific circumstances, because the law is often too general for complex cases. However, if a judge abuses these discretionary powers by making arbitrary decisions, failing to consider the relevant applications of the law, or otherwise does not act in accordance with the law, parties involved in a case may have grounds to appeal the verdict.
Additionally, some family law court orders, including child custody decisions and alimony orders, are made based on evidence presented in a litigated divorce. Some of these decisions could be swayed by evidence presented that paints one party in a certain light. However, trial courts require a certain standard for the quality and quantity of evidence. If a family law order is given on insufficient evidence, this may be a miscarriage of justice that can be rectified in a family law appeal.
However, finding grounds for an appeal is just the beginning of the process. The petitioner must start an appeal by filing with the court within the allotted deadline, and then provide notice to the relevant parties. This initiates the process and launches the petitioner and their legal counsel into a period of developing an argument based on the trial record, federal and state laws, and case law. This argument is then synthesized into a brief, which is presented to the reviewing judge. In some appeals, there is an oral argument portion, but this is not strictly necessary. After this, the reviewing judge will respond to the arguments presented.
There are four possible outcomes of a family law appeal, and these are to affirm the decision, reverse it, remand it, or modify it. A motion to affirm means that the reviewing judge agrees with the original verdict and found no substantial errors. A reversal means that the judge determined to vacate the verdict, canceling it completely. However, the court of appeals can also remand the case back to the trial court for a retrial, which is generally used when the errors of law would be correctable if proper procedure is followed. Lastly, the judge could modify the court order based on the legal argument presented.
Family law appeals are complex and often require insightful legal guidance to succeed. Unless the errors are obvious or easy to identify, it can take long hours of work and extensive legal knowledge to create a compelling argument. However, with the help of a skilled Colorado divorce lawyer, it is not impossible. Schedule a free consultation with a skilled attorney from Colorado Divorce Law Group today by calling the office at (720) 593-6442.
Listed below are several of the most commonly asked questions about family law appeals in Colorado.
A family law appeal is a request for a higher court to review a trial court’s decision for legal or procedural errors. The appellate court examines the existing trial record rather than hearing new testimony or evidence.
Orders involving child custody, parenting time, child support, spousal maintenance, and division of marital property may be appealed. The termination of a marriage itself is generally not subject to appeal because it can be initiated by one party alone.
Appeals must be based on identifiable legal grounds, such as errors of law, procedural mistakes, abuse of judicial discretion, or decisions based on insufficient evidence. Dissatisfaction with the outcome alone is not sufficient to support an appeal.
Colorado appellate courts review written briefs and the trial court record to determine whether a significant legal error affected the outcome. The process emphasizes legal analysis rather than factual reconsideration.
The process begins with filing a notice of appeal within a strict deadline and notifying the other parties. The appellant then submits a written brief outlining the legal arguments, and the court may allow oral argument before issuing a decision.
An appellate court may affirm the original decision, reverse it, remand the case to the trial court for further proceedings, or modify the existing order. The outcome depends on the nature and impact of any identified legal errors.
Attorneys at Colorado Divorce Law Group work to ensure clients understand the appellate process, potential grounds for appeal, and available legal paths. Consider visiting with an experienced attorney at Colorado Divorce Law Group to learn more about options related to family law appeals in Colorado.
