I Can Appeal My Divorce?!


divorce appeal

Your divorce isn’t necessarily final after the court issues its final judgment or decree.

In fact, if you’re unhappy with the decision – whether you’re not satisfied with the division of assets and debts, or you want to modify the custody agreement – you can file for an appeal.

In this issue, the San Diego men’s divorce attorneys with the Men’s Legal Center will walk you through the process of appealing your divorce decree.

Time Limits for Appealing Your Divorce Decree in California

In most legal matters – including divorce – timing is critical. By missing a deadline, your appeal can be tossed aside without even being heard.

Under California guidelines, to appeal a divorce decree you have:

  • 60 days after receiving the “Notice of Entry” documentation from the clerk of court;
  • 60 days after your former spouse or partner has been served with the “Notice of Entry” document; or
  • 180 days after the entry of judgment is made.

Reasons for Appealing a Divorce

The best way to have your appeal granted is to prove procedures weren’t properly followed or there was some level of fraud during your divorce case.

For example, if you can prove your former spouse or partner hid assets during the case, or the mental and physical health of either party was not accurately presented to the court, your chances of an appeal are fairly good.

The Divorce Appeal Process

First off, you definitely need the expertise of a divorce attorney to guide your appeal. Things are different in the legal world. While you may think the process is straight forward, one misstep can put you back to square one.

  1. Complete the Notice of Appeal.
  2. Make at least two copies (the original is for the court, you keep a copy for your records and let your divorce lawyer keep the other copy).
  3. Serve your former spouse or partner with the notice.
  4. Turn in the Notice of Appeal and Proof of Service with the court clerk.
  5. Within 10 days, inform the higher court about which documents you want send to the appellate court.

Again, this can be a complicated matter. To make sure no deadlines are missed and that all forms are completed accurately, make sure you’re working with a skilled California divorce attorney.

For Information About California Divorce and Your Legal Rights, Call the Men’s Legal Center.

Our sole mission is to make sure you’re positioned for the best possible outcome in your California divorce.

If you’re not happy with the divorce terms, we’ll be happy to talk with you about appealing the decision.

For a free phone consultation or to schedule a meeting, call (619) 234-3838. You can also reach us via email or by completing our online form.

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