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?
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:
- Division of property in a divorce
- Child support arrangements
- Parental visits and child custody
- Maintenance/spousal support arrangements
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.