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Filing an Appeal in a Divorce Case

If you are unhappy with the court's decision regarding your contested divorce in Pasadena, you have up to 30 days to file an appeal.

An appeal is not the same as a new trial. It is a review made by a higher court to determine if the lower court made a mistake in the original ruling. An appeal may be appropriate if:

  • You believe the ruling doesn't comply with state laws.
  • There seems to be substantial inequity in the decree.
  • You have evidence of fraud or misconduct by your spouse and/or your spouse's attorney.

Opposing counsel (your former spouse and his/her attorney) must be served with notice of the appeal and a copy of every document filed during the appeals process. This includes the paperwork filed to start the appeal as well as any motions, affidavits, briefs, and proposed orders. Proof of service is required.

You can ask that the respondent pay your legal fees for the appeal if desired. You don't need any actual numbers until after the appeal is finished, however.

The appeals process normally takes about 90 days, but this can vary depending upon the complexity of the case. Your divorce attorney should be able to give you a more accurate estimate.

If you win the appeal, you will likely need to go through another trial. It is unlikely that the judge would simply issue a ruling in your favor. The exception is if the appeal is based on a mistake that is easy to correct, such as a miscalculation of child support credits.

How Can We Help?

Please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com if you are in need of legal representation during your divorce. Our team of skilled Pasadena family attorneys has the skills that are needed to ensure you receive the most favorable settlement possible.

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