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How to File a Divorce Appeal in Colorado

Divorce is rarely an easy process. Ending a relationship and separating one household into two is emotionally and legally complex, particularly in a contested divorce with multiple disputes over divorce terms like child custody, division of marital assets, or spousal maintenance. A judge’s decisions are binding, paving the way forward for both spouses and their children after the final decree, but what if one spouse believes the decision was inherently wrong under the law or based on false information? What are the options for overturning a family court decision in a divorce?

how to file a divorce appeal in colorado

When to File an Appeal After Divorce Decisions in Colorado

Whenever spouses cannot reach mutually acceptable decisions on their divorce despite negotiations with their attorneys present and professional mediation, it becomes a contested divorce in court. Both spouses present their arguments and evidence and the judge decides the outcome and signs the decisions into binding, enforceable legal orders. If this is the case for you, contact our contested divorce attorney in Fort Collins today.

In these disputes, one spouse will be disappointed, distressed, or angry about the outcome. However, disagreeing with a judge’s final divorce decision is insufficient cause to warrant an appeal. To file a divorce appeal in Colorado requires legal cause, rather than simply disagreeing with the judge’s orders. A spouse may only file an appeal under circumstances such as the following:

  • The court made an error in the process of reaching a decision
  • There was a misapplication of the law
  • A significant misunderstanding of the circumstances occurred 
  • One spouse misrepresented facts and evidence

If a judge’s decision was not justified by the evidence presented during the divorce trial, speak to your Fort Collins divorce lawyer to find out if the decision warrants an appeal.

Asking the Colorado Court of Appeals to Review a Judge’s Decision After a Colorado Divorce

After the divorce trial when the judge has signed final orders, a spouse may request that the Colorado Court of Appeals review the judge’s orders to ensure that the judge adhered to the law and that their decision was supported by the evidence presented at the divorce trial. This requires meticulously following the guidelines and meeting all deadlines for filing the appeal. The unhappy party must file a Notice of Appeal within 49 days of the signed final order. The appellate court will not hear appeals on temporary orders which requires a different procedure (an interlocutory appeal.)

After filing the appeal, the appellate court receives the entire record from the trial, including all evidence, exhibits, and transcripts of testimony presented, as well as the judge’s written decisions. The appellate court will not see anything not included in the court record—which highlights the importance of diligence in preserving the record.

Drafting a Written Brief With the Argument

The Colorado Court of Appeals does not hold hearings or allow new evidence. Instead, decisions are made based only on the existing record and the written brief presented by the person filing the appeal (the appellant) with the guidance of their attorney. The brief must clearly present the arguments against the legitimacy of the judge’s decision. The panel of appellate court judges reviews the brief and a responding brief presented by the other spouse (the appellee) before issuing a judgment.

What Are the Possible Outcomes of a Divorce Appeal in Colorado?

The panel of judges (typically three) reviews the record and the written brief before making a decision on the appeal. Possible outcomes of the divorce appeal process in Colorado include the following:

  • A reversal: the court agrees that the decision was a misapplication of the law and vacates the order
  • An affirmation: the court agrees with the family court judge’s decision because it followed the law
  • A modification: the court agrees to change part of the original judge’s decision  
  • A remand: the appellate court sends the case back to family court for a judge to hear the case again

If the appellant disagrees with the decision, the final option is to take the case to the Colorado Supreme Court.

How Can a Colorado Divorce Lawyer Help?

The divorce appeal process in Colorado is complex, requiring skilled navigation by a Fort Collins family attorney with experience and a history of positive results for their clients. Call The Law Office of Stephen Vertucci, LLC for the legal counsel you need to meet the meticulous requirements for an appeal.

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