Divorce Appeal

Colorado Divorce Appeal: What to Know

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Overview

Appeals in Family Law

Here we cover the process of a divorce appeal for a ruling in a family law case, as well as some of the issues that are unique to family law.

Discretion of the Judge or Magistrate Will Play a Large Role

As with every other area of law there are statutes that describe how a divorce appeal case should be determined. However, unlike many other areas of the law, these statutory guidelines are very subjective. The reasons for this are obvious” determining how to divide up two people’s lives or spend time with their children doesn’t lend itself to rigid rules” but it means that judges and magistrates need a wide range of discretion to determine what the proper outcome is. Another aspect that is somewhat unique to family law is that there are no juries, and therefore your case will be heard by a judge or magistrate if you go to a hearing. What this all means is that at a hearing the outcome will be determined by a judge or magistrate who has a wide range of options to choose from, a nearly infinite number of statutory factors to consider and give varying amounts of weight to, and who brings with them their own unique perspective on family law.

Because the justice system can’t function without some sort of finality to judgments, the rules on a divorce appeal are that a court’s decision is reviewed only for an abuse of discretion, unless you are challenging that they misinterpreted the law or used an incorrect law. An abuse of discretion standard means that the court’s decision will not be overturned unless it is so contrary to the weight of the evidence that no reasonable person could have ruled the same way. This is not an easy standard to meet, and it means that if you are going to challenge a ruling there needs to be many favorable facts in your favor to have a serious chance at success. This is not to say that appeals in family law are not worthwhile, but rather that you need to have an attorney review your case carefully to determine your odds of success.

Judges Versus Magistrates, and How This Impacts Your Case

Judges and magistrates are two different court officials, and the processes to make a divorce appeal to them are drastically different. Magistrates operate under the supervision of district court judges. There are limitations on what types of hearings they can preside over, as well as limitations on actions they can take, such as reviewing a previous order that has been made. When it comes to appeals, trying to overturn a magistrate’s decision requires quick action. Depending on whether you were present for the magistrate’s ruling or not you will have only two to three weeks to appeal their decision. On top of that, you must file your brief (the document that explains what you are appealing and why), along with your petition for review. The transcript of the proceeding is necessary in nearly every case, otherwise, the district court judge who reviews the magistrate’s decision has to assume that the testimony and evidence taken at the hearing supported the magistrate’s decision. This is a lot to do in only two to three weeks, and oftentimes an extension of time is necessary to accomplish it. If you do not review the decision of the magistrate, you will never be able to file a divorce appeal with the Court of Appeals. What this means is that, if you were in front of a magistrate, it is imperative that you seek legal counsel immediately if you even think you might want to appeal the decision.

Appeals from judge’s decisions present more forgiving timelines for appeals, but it still is important to reach out to an attorney immediately for the following reasons. First, you may only appeal an issue that was brought to the judge’s attention at the trial. Sometimes, judges make errors in their rulings that no one had an opportunity to challenge at the hearing. This means that if you want to bring this up on appeal, you’ll need to file a post-trial motion to reconsider the ruling based on these new errors. You must file this motion within 14 days of the judge’s ruling, making it critical that you seek legal counsel immediately. Aside from the deadline for post-trial motions, appeals from a district court judge’s ruling must be brought within 49 days. Even better is that the party only needs to file their notice of appeal which lists the issues that the party plans to raise in their appellate brief. This increased time makes it easier for attorneys to gather information and evaluate a case to determine if an appeal is a viable option. That being said, the sooner an attorney can review your case for a divorce appeal the better.

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Navigating Through an Appeal

Whether you’re pursuing an appeal or defending one it is extremely difficult to handle one without the assistance of an attorney. Whether you’re challenging a magistrate’s or a judge’s decision there are various rules that must be followed or else you risk losing your appeal outright. In addition to the various rules that govern appeals there are multiple deadlines that occur throughout the process, and a need to understand the different standards of review depending on the type of errors you are claiming the court committed. While possible to do so, it is not advisable to proceed without the assistance of an attorney with experience handling appeals.

Family Law Appeals

Our team of experienced family law attorneys can help you with almost any family law or divorce appeal. When facing the complex legal issues related to family law, you deserve the very best legal advice possible. You need the expertise of an expert family law attorney who is not only highly experienced but who operates with a full team of specialized attorneys who have decades of combined legal experience and qualifications unmatched in Colorado.

Experience with Family Law Appeals

The attorneys at Divorce Matters® are accustomed to dealing with every legal issue involving families. These include divorce and divorce appeal cases, child support, spousal support, parental rights, adoption, enforcement, modifications, and prenuptial agreements. We also handle mediation and common law issues, as well as the often-complicated issues surrounding the division of assets. When assets have been hidden, for instance, it is critical that you have a highly experienced and diligent Denver family law attorney on your side to help you secure the assets to which you are legally entitled.

You can depend upon the integrity and experience of your Divorce Matters® family law lawyer attorney. Don’t wait until the last minute to seek the best legal advice. Give us a call now and put our decades of experience to work for you. Call us at (720) 802-4643.

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Bringing a Human Approach to Legal Services

Douglas A. Thomas - Founding Partner

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Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Emily Ahnell - Partner and Managing Attorney

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Emily F. Ahnell

Partner and Managing Attorney

I began my practice after noticing a need for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Court.

I began my family law practice after noticing a need in the community for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Federal and State Courts.

Professional and Community Associations

• Colorado Bar Association
• Denver Bar Association
• Colorado Defense Lawyers Association
• Habitat for Humanity, Volunteer

Public & Speaking Engagements

Denver University Law Review, Staff Editor 2001-2002, General Editor 2002-2003

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 2003
•B.A., University of Alabama, 1998 (Member of the Women’s Soccer Team)

Justin J. Oliver - Attorney

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Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

What Types of Law Does Divorce Matters Practice?

Just from our name, it’s easy to tell that we excel in divorce law, but what other kinds of cases can Divorce Matters handle? We are a law firm specializing in family law. Family law covers a wide variety of different cases including:

Adoption

Estate Planning

Divisions of Marital Property

An important part of the divorce process in Colorado is figuring out how to divide marital property. The procedure generally involves two steps. First, it must be determined what marital property is. Second, the marital property must be divided equitably

Spousal Maintenance

In Colorado, neither spouse has an automatic right to maintenance. The court may award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to meet their reasonable needs and, in addition, is either unable to support themselves through appropriate employment or should not be required to seek employment because of child care responsibilities. Divorce Matters has lots of experience in Spousal Maintenance negotiations and our attorneys are the perfect choice to help you!

Child Custody

When children are involved, the divorce process doesn’t end once the final paperwork is filed. With children come often contentious and painful negotiations about and modification of parental rights, parenting time, and custody. Our team has deep experience dealing with child custody and parental rights issues and we believe it is our duty and an imperative to help couples address custody and rights issues in ways that reduce the impact of divorce and protect children in the process.

Child Support

In Colorado, child support is based on strict guidelines dictated by state laws and statutes. The issue of child support is separate and distinct from the issue of parenting time, and child support payments may not be conditioned upon parenting time. Due to these strict laws, it is important to have guidance from an expert attorney throughout the process.

Post Decree Modifications

Have your circumstances changed since your divorce? Have you lost your job? Has your ex-spouse received a salary increase? Did your ex-spouse fail to disclose financial matters during the dissolution of marriage? Once your divorce is finalized, fortunately, not everything in your original separation agreement or parenting plan is set in stone. Courts recognize that circumstances change, and, sometimes, spouses hide income or assets during the divorce process. Depending on the exact circumstances of your case, you may have a variety of options post-decree. In the following sections, we explore your options in modifying maintenance, child support, parenting time, custody, and decision-making, as well as how you can reopen your property division.

Mediation and Arbitration

Mediation and arbitration are perfect options for anyone going through a divorce. Both options allow the partners to take more control in the divorce, as well as keep the process out of court. Not only does Divorce Matters represent clients through mediation and arbitration, but we also have a mediator on staff!

Domestic Violence

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status. The unfortunate reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year.

Contempt of Court

After having gone through a divorce or once you have some orders from the court, you may at some point find yourself on either end of a contempt of court action if one of the parties is not complying with the orders. If you find yourself on either end of a contempt action, Divorce Matters is here to help!

Unbundled Legal Services

Unbundled legal services are the perfect solution for anyone not ready to jump into full-scale representation. With unbundled services, you can hire an attorney at their hourly rate to help you with specific aspects of your legal troubles, like filing paperwork or gathering documents!

Common-Law Marriage

The state of Colorado allows couples to enter into common law marriage. However, the parameters of common law marriage can be hazy and difficult to understand, just like common law divorce

Appeals

If your case falls under family law, we can help with your appeal!

Prenuptial Agreements

While there are a million things to plan when a couple decides to marry, often the most difficult to discuss with your future partner is the possible need for a prenuptial agreement. While this subject is not the most romantic or exciting part of wedding planning, a couple contemplating marriage in Colorado may need to consider entering into a prenuptial agreement, or a contract before marriage.

Military Divorce

To thank our Military service members, we even offer 10% off of legal fees! This discount is offered to all active and retired service members, veterans, and military spouses.

Thomas Legal Firm

While Divorce Matters only deals in family law, we do have a sister law firm that offers other services. Thomas Law Firm deals with Criminal matters as well as Civil Law matters, including general litigation, civil rights, workers’ compensation, and business defense litigation.

This Is How The Divorce Process Works and How Long It Will Take

When it comes to divorce most would say they want the process to be over as soon as possible so they can move on with their lives. This inevitably leads everyone to ask “how long will it be until I am officially divorced from my spouse?” A great place to start is our Divorce Timeline, which can be found under the Tools tab on our website. However, we also want to give a more general overview of how long the process might take. The specific circumstances and complexity of your case will determine the timeline, but overall, this is what you can expect the process to look like.

 

When You First File-

 

Once you have filed a Petition for Dissolution of Marriage with the courts in your county, your spouse must be personally served.  Learn more about what to do if you are the one being served divorce papers.

Once your spouse is served, he or she has 21 days (35 for out of state) to file a response. If you and your spouse both want the divorce and sign a petition jointly, the Service/Response step can be ignored. Your spouse may also agree to waive service if you do not file jointly. Just because you sign jointly does not mean the process is complete, and you will still need to follow the rest of the requirements in the process.

 

Once Your Ex Is Served-

 

You have 42 days after the date of filing to set up an initial status conference with the court and submit your financial disclosures. The initial status conference is your first court appearance and is an informal way for both parties and the Court to get on the same page about dates and deadlines in your case. It depends on the county and jurisdiction that you are in as to whether they will schedule a time for your initial status conference automatically once you file, or if you or your attorney have to reach out to the court to schedule your own. The timing for this solely depends on your county’s court and its timeline. You also will need to have your financial disclosures submitted within that 42-day deadline as well.

 

After Initial Status Conference-

 

You have the option to file for Temporary Orders, which is only necessary if there is an immediate conflict that must be addressed while your case is ongoing. Temporary Orders can help with decision making, child support or spousal support, or who will live in the marital residence during the divorce process. Temporary orders will be replaced by permanent orders at the end of your case. A temporary orders hearing, which is a separate court date, must be set to decide this and it will extend your case.

 

Once you’ve had your initial status conference, you and your spouse are then required to attend mediation by the state of Colorado. Everyone who files for divorce in Colorado must attend mediation, with a few exceptions. In rare cases where the parties agree to every issue, it is possible to skip mediation, which would shorten your case. Additionally, you may request mediation be waived in cases of domestic violence.

 

Mediation-

 

Mediation is a formal settlement conference where the mediator (whom you hire) assists in trying to reach a full agreement between you and your ex. If mediation is successful, you will leave with a signed or partial settlement agreement. Then your attorneys draft the final agreements and file the documents with the court.

 

If mediation is not successful, you must either come up with a settlement or prepare to go to trial. If you need to go to trial, this must be scheduled with the court and the timing completely depends on their availability and timeline. This can extend your case; therefore, it is ideal to come up with agreements in mediation or a settlement.

 

Finalized-

 

Your divorce will be finalized once a judge issues a decree of dissolution of marriage which then severs the marriage, and you are no longer married.

 

Post-decree-

 

If a party is not satisfied with the final decision made by the court, then an appeal can be made. There are specific time constraints around appeals, so you will want to speak with your attorney if you wish to appeal any part of your divorce decree.

 

You also may modify certain orders put in place by the courts if circumstances change after the final agreement has been made. Again, you will want to speak with your attorney if you would like to modify any documents or orders post-divorce.

 

Overall, it can be difficult to determine the exact length that it will take to finalize your divorce because every situation is different. Your timeline will depend on the specific circumstances and jurisdiction of your case.

If you have questions about your particular situation or would like to speak with an attorney today, contact us.

Appealing a Judge’s Decision Regarding Your Colorado Divorce

Judges sometimes make mistakes, and when they do, there is a process for getting the error corrected. This process is called bringing an appeal. You file an appeal by asking a higher court to review the decision below and decide whether to overturn the trial court’s decision.

Bringing an appeal doesn’t always make sense. Sometimes a client is so upset with a judge’s decision that they immediately want to file an appeal. But it is important to first understand what an appeal is so that our clients can decide whether an appeal is the right move for them.

Appealing a Divorce Decision in Colorado is Decided Only on the Record

In an appeal, the court will rely only on the record created at trial to determine whether the judge made a mistake. This means the court will look at the transcripts and any written decisions a judge issued.

As a rule, appellate courts do not accept new evidence. No witnesses testify, and no new physical evidence is presented. If you didn’t present a key piece of evidence at trial, you don’t get a chance to do so on appeal. Instead, lawyers point to the transcripts from the trial and argue why the judge made an error that warrants reversal.

Appellate Courts Reverse in Only Limited Situations

Many of the issues in dispute in a Colorado divorce are judgment calls. For example, a judge must look at a variety of factors to determine what is in the child’s best interest when deciding custody. No two judges will analyze the same case the same way, and you generally can’t appeal because you are unhappy with how the judge weighed the different factors.

Instead, most appeals are brought for one of two reasons:

  • The judge got the law wrong. For example, a judge might say Colorado law requires that mothers be given custody of young children, which is wrong. If the judge decides custody based upon this wrong legal standard, then the appellate court will usually reverse and send the case back down to the judge to decide using the correct law.
  • The judge’s decision is completely unreasonable. This is harder to win an appeal on. Appellate courts don’t want to second guess a judge’s decision. However, if a judge completely ignored evidence, you might prevail.

If either situation applies, it can be to your advantage to bring a prompt appeal.

Appeals Can Be Expensive

Unless the judge made an obvious error, an appellate court is unlikely to reverse. Even if you win on appeal, your divorce case will likely go back to the trial judge to decide again, and you still might be unhappy with the new decision.

Instead of immediately appealing, we encourage clients to consider other options. For example, they might bring a motion later to modify custody or child support, which could be less expensive and have a higher degree of success.

If you are unhappy with a judge’s decision, speak with your Colorado divorce lawyer about what you should do. The lawyers at Divorce Matters have brought many successful appeals and have counseled countless clients about their best options.