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Colorado Legal Group

Denver Family Law Appeals

Sometimes, mistakes are made by lawyers or judges in court processes. At other times, the facts of a case are misrepresented before a court judgment is made.

In these cases, it might be possible to go to a higher court (called an appellate court), appeal the decision, and achieve an outcome more in line with your desired result. Sometimes it is also possible to reopen the district court case or modify the final order without having to go to a higher court, this can at times be more efficient or cost-effective.

Family law appeals are quite common in Denver and the Colorado Legal Group can help you lodge your appeal.

There is a set legal process to go through and very demanding deadlines, which is best to let your lawyer handle. It is vital to have an attorney help you assess whether an appeal is appropriate or whether instead a reopening, reconsideration, or modification in the district court would be better.

The Colorado Court of Appeals is based in Denver and has jurisdiction over appeals from the Colorado District Courts.

We have extensive experience representing the best interests of local families in these courts.

What are the typical grounds for an appeal in Colorado?

You cannot appeal a decision just because you do not agree with it.

Before going through the appeal process, the following points must be satisfied:

  • The family law issue must have been decided
  • A final written order must be issued 
  • You must have sufficient legal grounds for appeal

Some of the typical legal grounds for appeal include:

  • Errors made by the court when reaching a decision
  • Misrepresentation of the facts by one party
  • A misunderstanding that influenced the court ruling
  • Misapplication of the law
  • Abuse of discretion by the judge in the case

Which types of family law matters can you appeal?

Almost any family law matter is open for appeal, providing there are sufficient legal grounds. This may include:

Note if 49 days have elapsed since the written order was issued the decision of the court cannot be appealed. Instead, a modification of the agreement is made. That still requires the assistance of a skilled lawyer to represent you.

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How Can You Appeal Family Law Decisions in Denver?

Your family law appeal lawyer will also be able to file your appeal with the court.

You must file a notice of appeal within 49 days of the written order from the District Court. This allows the Court of Appeals to decide if it has the authority to review your case.

After that deadline, no appeal can be made.

Typically, the original court order from the first court will still apply even if you do file an appeal. Nothing will change with the court order until the decision from the appellate court overturns the initial decision – if and when that is the case. Sometimes a party can apply for a “Stay” meaning the order will be on hold until the appellate court decides the issue.

It should also be noted that, in many family law matters, the final decision is often made at the discretion of the court. This means that unless there are glaring errors in the processes that were taken to make the judgment, family law decisions can be tough to overturn through appeal.

Ensure your Denver family lawyer is experienced and familiar with the appeal process.

An experienced attorney will be able to advise:

  • Whether you have legal grounds for the appeal

  • Why the ruling was unfair or unjust

  • What the steps are for filing an appeal

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Need Help with a Family Law Appeal?

Call Colorado Legal Group at 720.594.7360 or get started with a complimentary case evaluation.

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What are the possible outcomes of an appeal?

If you decide to appeal, there will be one of four results from the Appellate Division:

  1. Reversal of the decision: the initial decision in your case was deemed incorrect and invalid.
  2. Remand: this sends your case back to family court to be heard again.
  3. Affirm. The original decision of the first family court is upheld.
  4. Modification: Part of the original decision is modified as a result of the appeal.

How our lawyers can help with an Appeal

The experienced family law appeals lawyers at Colorado Legal Group can help you seek a second chance if you feel that you have been dealt with unjustly by the courts.

We will let you know if you have legitimate grounds for an appeal and take you through the process so that all is clear.

If you do decide to proceed with an appeal, there will be no time to waste. Remember, that we only have 49 days from the date of the original court order.

Need help with appealing a family law court decision?

Call Colorado Legal Group at 720.594.7360 or get started with a complimentary case evaluation. Get Started 

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Denver, CO 80210

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