COLORADO SPRINGS FAMILY LAW APPEALS
Dealing with the aftermath of an unfavorable family court decision can leave you feeling frustrated, helpless, and even hopeless.
We understand the devastating impact it can have when the outcome of a divorce, child custody battle, or property division feels unfair or unjust. It’s a difficult situation that no one should have to face alone.
Our team of experienced attorneys has been helping clients in Colorado Springs navigate the complex process of family law appeals for many years. We’ve seen firsthand the emotional toll these cases can take, and we’re here to provide the guidance and support you need during this challenging time.
This article will explain the grounds for filing an appeal, the steps involved, and the possible outcomes. We aim to give you a clear roadmap and empower you to fight for the justice you deserve. You don’t have to feel helpless or alone – we’re here to stand by your side every step of the way.
WHAT IS A FAMILY LAW APPEAL?
A family law appeal is a legal process that allows individuals to challenge decisions made by lower courts in family law cases. We can file an appeal when we believe the court made an error in law or fact, violated procedural rules, or misinterpreted evidence, leading to an unfair or incorrect ruling.
An appeal is not a retrial or a new trial of the case. – Colorado Judicial Branch
Appeals in family law cases fall under the jurisdiction of the Colorado Court of Appeals, which reviews final orders related to divorce, child custody, child support, spousal maintenance, and property division.
The appellate process is complex and requires careful strategic planning and legal expertise to navigate successfully.
GROUNDS FOR FILING A FAMILY LAW APPEAL
When you believe the trial court made a mistake in your family law case, you may have grounds to file an appeal. An appeal is not a new trial; instead, it’s a request for a higher court to review the decision made by the lower court.
Errors in Law or Fact
One primary grounds for filing a family law appeal is errors in law or fact. Errors in law occur when the trial court needs to interpret or correctly apply relevant statutes, case law, or legal principles.
These errors are reviewed de novo by the appellate court, meaning the higher court independently evaluates the legal issues without deferring to the trial court’s decisions. Common examples of legal errors include:
Misinterpreting the meaning of a statute.
Applying the wrong legal standard.
Refrain from following binding legal precedents.
On the other hand, errors of fact happen when the trial court makes factual findings that are not supported by the evidence presented at trial. Appellate courts typically review factual errors under a more deferential standard, such as clear error or abuse of discretion.
To succeed on an appeal based on factual errors, we must demonstrate that the trial court’s findings were clearly erroneous or lacked sufficient evidentiary support.
Identifying and proving legal or factual errors can be complex, but these grounds provide an avenue for seeking justice and correcting mistakes made in the original family law proceedings.
Procedural Violations
Procedural violations can serve as grounds for filing a family law appeal. These violations may include due process infringements, where one party’s legal rights were not properly protected during the original court proceedings.
Examples of procedural irregularities could be the court’s failure to provide adequate notice of hearings, denying a party the opportunity to present evidence or testimony, or making decisions based on improper or insufficient evidence.
Procedural due process rules are meant to protect persons not from the deprivation, but from the mistaken or unjustified deprivation of life, liberty, or property. – Carey v. Piphus, 435 U.S. 247, 259 (1978)
If we believe that procedural violations occurred during your family law case, we can help you explore the option of filing an appeal to seek a fair and just outcome. Our experienced appellate attorneys will meticulously review the court records to identify any legal errors or procedural missteps that may have unfairly impacted the original decision.
By addressing these violations through the appellate process, we aim to protect your rights and ensure that proper legal procedures are followed.
Misinterpretation of Evidence
The trial court’s misinterpretation of evidence is one ground for filing a family law appeal.
If the court misunderstood or misread key evidence significantly impacting the case outcome, we may have a strong basis for an appeal.
Appellate courts review the trial court’s factual findings under the “abuse of discretion” standard, which means they will examine whether the judge’s conclusions were reasonably supported by the evidence presented. In preparing an appeal based on misinterpretation of evidence, our legal team will meticulously review the trial record, including witness testimonies, documents, and other exhibits.
We will identify instances where the court’s findings contradict or lack sufficient evidentiary support. By highlighting these discrepancies and arguing that the court abused its discretion in interpreting the evidence, we can build a compelling case for overturning or modifying the original decision on appeal.
TYPES OF FAMILY LAW APPEALS
We handle various types of family law appeals, including those related to divorce decrees, child custody and support, and property division. Call for a free consultation on the appeals process today.
Divorce Decree Appeals
Divorce decree appeals represent one of the most common types of family law appeals we handle. If you believe the court made an error in your divorce judgment regarding spousal support, property division, or other vital issues, filing an appeal may be an option.
Our experienced attorneys can review your case to determine if there are grounds for an appeal, such as legal errors, procedural violations, or misinterpretation of evidence.
We understand the emotional and financial stakes involved in divorce-related appeals, and we’re committed to providing the skilled advocacy you need during this challenging time.
Child Custody and Child Support Appeals
When a court’s decision regarding child custody or support seems unjust or based on legal errors, we can help you file an appeal. Appellate courts review final orders in custody and support cases to ensure the original ruling is fair and legally sound.
Our experienced family law attorneys assist clients in Colorado Springs with appeals related to custody arrangements, parenting time schedules, and child support obligations.
We carefully examine the court record, identify grounds for appeal – such as misinterpretation of evidence or procedural violations – and craft persuasive arguments to present before the appellate court.
While the appeals process can be complex, we guide you through each step, from filing the notice of appeal to delivering oral arguments and working diligently to protect your parental rights and your children’s best interests.
Property Division Appeals
Property division appeals are a specific type of family law appeal that focuses on challenging the court’s decision regarding the distribution of marital assets in a divorce.
We may pursue a property division appeal if the trial court made errors in dividing the marital property, such as failing to value assets properly, mischaracterizing separate property as marital property, or inequitably distributing the assets between the parties.
These appeals are often part of a broader divorce decree appeal, which may address issues like child custody, support, and alimony.
To succeed in a property division appeal, we must demonstrate that the trial court abused its discretion or made a clear error in applying the law to the facts of the case. To accomplish this objective, we must thoroughly review the trial record, including financial documents, appraisals, and testimony, to identify any mistakes or inconsistencies in the court’s ruling.
Our experienced appellate attorneys will carefully analyze the evidence and craft persuasive arguments to present to the appellate court, advocating for a fair and equitable division of the marital estate.
STEPS IN THE FAMILY LAW APPEALS PROCESS
We guide you through each step of the family law appeal process, from filing the notice of appeal to preparing persuasive legal arguments.
Our experienced Colorado Springs appellate lawyers are here to help you navigate the complexities of the appeals court system and fight for a favorable outcome.
Filing a Notice of Appeal
To initiate the family law appeal process, we must file a Notice of Appeal within 49 days of the trial court’s order. This crucial step notifies the court and opposing party of our intention to challenge the decision.
The Notice of Appeal is submitted to the appellate court with the required docket fee of $223.00 and an additional $250.00 cost bond.
Upon filing the Notice of Appeal, jurisdiction transfers from the trial court to the appellate court, which will review the case for errors in law, fact, or procedure. The appellate court then assigns a docket number and provides further instructions on preparing the appellate brief and scheduling oral arguments.
While the appeal process can be complex, filing the Notice of Appeal is the essential first step in seeking a favorable outcome.
Preparing the Appellate Brief
Preparing the appellate brief is crucial in the family law appeal process. We must compile and submit a comprehensive record on appeal, including all relevant legal documents, pleadings, exhibits, and transcripts from the original trial.
This record is the foundation for our written arguments in the appellate brief. We outline our key legal arguments in the brief, referencing specific evidence and legal precedents to support our position. The appellee will also submit a brief countering our arguments.
These briefs allow us to present our case persuasively to the appellate court judges, highlighting any law, fact, or procedure errors in the original ruling. Crafting a compelling and well-reasoned appellate brief is essential to increasing our chances of a favorable outcome in the appeal.
Oral Arguments and Court Decision
After preparing the appellate brief, we may have the opportunity to present oral arguments before the appellate court. We can directly address the judges and make our case at an oral argument, emphasizing key points from our brief. The court will then carefully consider the written briefs and oral arguments.
Once the appellate court has reviewed all the information, they will issue a written ruling. This decision will either affirm the original trial court’s judgment, reverse it, or modify certain aspects of the ruling.
The appellate court’s decision is binding and will provide clear guidance on resolving the case. We will work closely with our clients to ensure they understand the implications of the court’s decision and take appropriate next steps.
POSSIBLE OUTCOMES OF AN APPEAL
The outcome of your family law appeal can vary. The appeals court may affirm the original decision, reverse it entirely, or modify certain aspects of the ruling.
Affirmation of the Original Decision
One possible outcome of a family law appeal is affirming the trial court’s original decision. Appellate courts often uphold the initial ruling if they determine that the law was applied correctly and the evidence supports the judgment.
It’s essential to recognize that fewer than 100 petitions for Colorado Supreme Court review via Petition for Certiorari are approved each year, which means the appellate court’s decision frequently stands as the final word on the matter.
While an affirmation may not be the result you were hoping for, it does provide closure and allows you to move forward. Our team is here to guide you through the appeal process, ensuring that your case is presented effectively and that all relevant legal arguments are made on your behalf.
If the original decision is affirmed, we can discuss your options and help you understand the implications of your unique situation.
Reversal of the Decision
One possible outcome of a family law appeal is reversing the trial court’s original decision. If we successfully argue that errors were made in applying the law, interpreting evidence, or following proper procedures, the appellate court may overturn, nullify, or void the initial ruling.
This development could lead to a remand, sending the case back to the trial court for further proceedings consistent with the appellate court’s findings. When an appellate court reverses a decision, it essentially invalidates or rescinds the trial court’s judgment. The higher court may determine that the lower court misinterpreted the law, relied on inadmissible evidence, or failed to consider relevant facts.
In such cases, we would work diligently to present a compelling argument for why the original ruling should be undone or countermanded. We aim to ensure that your rights are protected and that the final case outcome aligns with the principles of justice and fairness.
Modification of the Ruling
Alternatively, the appellate court may modify the trial court’s ruling. This decision means that while they might not completely overturn the decision, they could adjust to certain aspects.
For instance, they might alter the division of personal property, change the amount of alimony or child support to be paid, or revise the terms of a custody arrangement.
When an appeal results in a modification of the ruling, carefully reviewing the specifics of the changes made is essential. We can help you understand how the appellate court’s decision impacts your rights and obligations moving forward.
Our team will work diligently to ensure that any modifications are implemented correctly and your interests remain protected.
Conclusion
Navigating the complexities of family law appeals can be daunting, but we’re here to help. Our experienced appellate lawyers will guide you through every step, from filing the notice of appeal to presenting oral arguments.
We understand the emotional and financial toll these legal disputes can take, so we offer complimentary case assessments to help you determine the best course of action. Let us put our expertise to work for you and fight for the outcome you deserve.
