Divorce Appeals – When to Move On and When to Hang On

Current Issues

DivroceDivorce proceedings start at the lower court. However, there are times when the court may render an adverse decision. When this happens, don’t worry because you can still appeal the decision with the higher court.

You and your spouse have already started the battle in court. It was either you or him who initiated the divorce proceedings. However, in the middle of the divorce, you found out that you still have some feelings for your spouse and you think you can still make it work. If there’s still some spark left, and you are still hoping for something great to happen, you might want to consider filing an appeal even if the lower court has already rendered its decision.

Appealing to a Higher Court

An appeal is a legal proceeding that seeks the help of the higher court in reviewing the decision of the lower court. For example, your spouse has already filed for divorce and the lower court has rendered its decision. Before the decision was rendered, you and your spouse have somehow “patched things up.”

Grounds for Appealing Divorce

You can’t just tell the higher court that “Hey, I’ve changed my mind,” or “We have already patched things up.” These reasons are not grounds for appeal. So that your appeal may be given due course, the lower court must have committed grave abuse of discretion, misapplied the law or that a procedural error happened. When any of these is attendant in your case, then you can readily file an appeal. Your spouse also has the right to file an appeal.

READ  3 Things to Do to Fight for Full Custody of Your Children

Favorable Decision on Appeal

A favorable decision on appeal may only be allowed by the court if it finds sufficient grounds, especially those mentioned in the preceding paragraph. Don’t worry, you can rely on your Denver divorce attorney to find these grounds so that in the event that you would be appealing the decision of the lower court, the appellate court will decide in your favor.

In a divorce proceeding, don’t think that hope is immediately lost if the lower court decided in the other party’s favor. There is always an appeal that your lawyer can make and ensure that your rights are protected.