When a party is not satisfied with the court’s judgment or feels the judge made a mistake, they have the opportunity to file an appeal – that is, request that a higher court review the case and change the decision.
Halligan LLC has experience bringing appeals in family law cases. We are uniquely positioned to advise clients on all aspects of the appeal process, starting with the most important decision: to file or not to file.
In Colorado, you can only file an appeal after the matter has been decided and a final, written order has been filed. You must have a legal reason for the appeal. Legal reasons such as a procedural error occurred; there was a clear error interpreting the law; or the judge abused her discretion.
Appeals may be filed over parenting time, child support, division of property, maintenance, and more.
It is crucial that you speak with us as soon as possible: in a case decided by a judge, a notice of appeal must be filed within 49 days of the written order. Many family law cases, however, may be decided by a magistrate. In that event, the appellate process may be different. It may require you to first file a Petition for Review, which goes to a District Court Judge. That judge will review the case and issue an order. You can then appeal the order from the District Court Judge. A Petition for Review deadline is 21 days from the written final order.
Missing either deadline means missing any chance to appeal.
In some situations, modifying the divorce decree may be a more productive way to change the terms of your divorce, such as if there are substantial changes in income – up or down – for either spouse that justify a request for changes in maintenance and/or child support.
Regardless of the course you decide on, we are here to guide you – every step of the way.