Helping You Appeal Family Law Decisions
Once you’ve received your final orders, you may be disappointed. Divorce and child custody is always complicated, especially if you were unable to resolve your case amicably. When ending your relationship has escalated to an adversarial process in court, it’s likely that both parties won’t walk away with fair results.
If that’s happened to you, you may still be able to appeal. At Halligan LLC, our experienced family law attorneys know the ins and outs of the Colorado appellate court. Appealing is a complex and long process. That’s why it’s crucial that you have a knowledgeable family law appeals lawyer on your side. Call us today at (720) 608-2361 to schedule a no-obligation consultation.
When Can I Appeal Family Law Decisions?
To successfully appeal a family law order, you have to prove it should be changed using the law. It’s important to know that not every court decision or judgment can be appealed. First things first, you need to have received a final decision and a final, written, signed and dated order. Once you have your final order, you need to quickly evaluate whether you want to appeal.
Colorado state law does not allow a lot of time for you to decide. In fact, you’ll only have between 21 and 49 days to file a petition for review or notice of appeal. The deadline depends on who decided your case - a judge or a magistrate - and what type of hearing you had. The best way to be sure you meet that deadline is to contact and hire a qualified family law appeals lawyer, like ours at Halligan LLC.
After you’ve decided to appeal, an appellate attorney will need to find a valid reason to appeal or file a petition for review. In Colorado, you’ll need to find a legal mistake. If, for example, the judge who decided your case made an error in applying the law, you may be able to appeal. It is important to know you cannot bring up new facts, or facts that were not presented to the trial court, in your family law appeal.
The reality is you need legal representation to build an argument on your behalf to successfully appeal any court order. You cannot just ask a judge to change their decision because you don’t like it. Instead, you need to find appropriate legal reasoning to petition or appeal. With a good understanding of Colorado appellate law, we may be able to help you do that.
How Can a Denver Family Law Attorney Help Me?
Since you only have between three and seven weeks to petition for review or appeal your orders, the most important thing we can do for you is evaluate your case quickly and thoroughly. We know you need to make an informed decision about your appeal.
Before filing an appeal, we typically will review your case to determine if we believe an appeal is warranted and/or if we will do the appeal. Sometimes, we can see on the face of the order that there are appealable issues and may agree to do the appeal right away; however, this usually first requires a review of the transcript and file. That’s why it is crucial to order the full transcript of the proceedings immediately and on an expedited basis - even before determining if you for sure want to appeal - because an attorney is going to need to review it as soon as possible and obtaining the transcript can take some time.
Once you decide to start an appeal or petition for review, we’ll thoroughly assess your existing orders, the transcript of the hearing, the court file, and the evidence in your case. It’s important that we have every piece of relevant information to inform your case. Once we have a firm grasp on the facts and are confident that you have a case, we’ll build an argument for you that falls into one of the acceptable categories for appeal or review. We’ll do so as efficiently as possible so that we can present a strong argument on your behalf in a timely manner.
You can trust that Halligan LLC has significant experience in all aspects of Colorado family law, including appeals. We know how complicated these matters can be since it involves the most intimate parts of your life. We’ll advocate on your behalf with the sensitivity and professionalism you need.
Frequently Asked Colorado Family Law Appeals Questions
I don’t think my divorce, visitation, or child support orders are fair. What can I do about it?
It depends. As described above, you’ll need to prove there’s a legal reason to appeal your orders. You cannot use purely emotional or financial reasons to appeal your orders. At Halligan LLC, we understand how difficult it can be to receive disappointing family law decisions. If we believe you have a case, we’ll assist you with your appeal. Also, with parenting time decisions, it is often advisable that the individuals involved take some time to evaluate their situation before rushing to appeal.
How do I appeal my settlement agreement?
Usually, you cannot appeal a settlement agreement that you signed. That’s why it is so important to thoroughly understand its terms before you and the other party sign an agreement. Still, if you are concerned about the terms of your agreement and think that there’s been a significant change in the facts or their interpretation, we’d be happy to talk to you about it.
Contact Halligan LLC for an Appeals Consultation
Family law is complicated, and we know that your case is as particular as you and your family. You deserve talented, intelligent representation. Our experienced family law attorneys at Halligan LLC are the kind of lawyers you need. We respect how important your appeal is to you, and will do everything in our power to get you a successful outcome. We can begin your case with an initial consultation. Contact us at (720) 608-2361 to schedule yours today.