While there are many spouses who try to avoid divorcing through litigation, there is a chance that the case goes to court anyway. When this happens, the decisions that are made regarding the couple’s marital issues are left up to the judge. This can often leave spouses disappointed in the outcome of their divorce. If a person does not feel as if they can live with the decisions of the judge, there are steps that can be taken to an appeal. In doing so, it is important to contact an experienced Michigan divorce attorney for guidance.
What Parts of a Decree Can be Appealed?
When a spouse is unhappy with the decisions of their marital issues, they can file an appeal regarding nearly every decision that the court made. This can include matters of child custody, child support, parenting time, equitable distribution, alimony, and attorney’s fees.
When Should an Appeal be Filed?
It is important to only file for an appeal after discussions with an attorney to carefully consider your case. During this time, the following factors should be taken under advisement:
- Whether the judge had the authority under the law to make the decisions set forth in the decree
- The likelihood of the success of the appeal
- The risk that an appeal will encourage a cross-appeal by the former spouse
- The cost of an appeal
- The length of time the appeal is expected to take
When filing an appeal, the deadline for doing so is 45 days from the date that a final order is made.
What is the Appeals Process?
There are many steps that must be taken during the appeals process. This can include:
- Identifying the issues to be appealed
- Filing a notice with the Appellate Division
- Obtaining necessary trial court documents and exhibits to send to the appellate court
- Obtaining the transcript of the trial
- Performing legal research to support the argument of the appeal
- Preparing and filing a brief to set forth the facts of the case and the relevant law
- Making an oral argument before the judges of the appellate court
This process can take anywhere from a few months to over a year depending on the specifics of the case. If it results in further proceedings, it can delay the decision.
Contact our Firm
Sometimes, divorce, family, and estate matters are difficult to navigate. Fortunately, they do not have to be with the assistance of a compassionate, knowledgeable attorney who is willing to guide you every step of the way. If you need a seasoned firm to help you with any divorce, family or estate-related matter, please do not hesitate to contact Collis & Griffor today to schedule a consultation.
