Are You Happy With The Judge’s Decision?
You have gone through your divorce, everything has been finalized through the courts, and you have your final order. End of the legal process, right? Not necessarily. If you are unhappy with the Judge’s decision you can appeal the decision to the Court of Appeals. Understanding how to appeal a divorce is one of the most important things you can learn if you believe the trial court made a mistake in your case.
However, appealing is not an easy process and you want to ensure you have a competent Salt Lake City divorce attorney that can guide you through the process and ensure your appeal is done correctly. If you miss one of the steps you can lose your right to appeal. There are several things you should know before trying to begin the appeal process but below are three major considerations:
- determining if your case qualifies for an appeal
- filing the Notice of Appeal within thirty days
- getting good legal representation, and weighing the cost-benefit
1. Does Your Case Qualify?
According to the Utah State Courts, “Many people think that if they are unhappy with the outcome of their trial court case, the appellate courts will hear their case and replace the trial court’s decision with one of its own. This is not what an appeal is. An appellate court will only look to see whether the trial court did something wrong. An appellate court does not hear witness testimony or take new evidence. There are no juries in appellate court. There are no examinations of witnesses. The appeal must be based on the record created in the trial court, and the person who is appealing must show that the trial court made a mistake. If there was a mistake, it must have been important enough that it could have made a difference in the outcome of the case.” – Guide to Appealing a Case in Utah’s Appellate Courts, p. 4
Don’t Miss Filing The Notice
You ONLY HAVE THIRTY DAYS from the date the final order is signed to file a notice of appeal. If you miss filing the notice you waive your right to appeal forever. How quickly your underlying case moved through trial court can also depend on Utah’s three-track court system under Rule 100A, which determines how different kinds of motions and hearings are scheduled.
2. Get representation. Though you can technically represent yourself as the Appellate, it is highly recommended you get an experienced attorney (or continue to use your previous divorce attorney) to represent you. Besides needing to make a compelling oral argument to the court, the appellate briefs that must be written and submitted are generally dozens of pages long, very technical, and must follow precise formatting rules. An attorney who knows how to appeal a divorce in Utah will give you the best chance of success.
3. Weigh the cost. Appellate filing fees, costs and expenses must be paid by the Appellate to the court. (There are occasionally exceptions when you can request a fee waiver.) Also, the official court transcript must be ordered from the court and paid for (plan on about $250 per hour of court time of the trial). There are also the routine filing fees to pay with each document submitted to the court, the cost of having the appellee served said documents, plus your attorney’s cost. Appealing your case is expensive and therefore, you must weigh the cost-benefit of appealing and ensuring it is right for you.
Getting Help with Your Utah Divorce Case
If you are looking into a divorce or appeal and need legal help, we are here for you. You need to ensure you consult with a competent family law attorney that understands the legalities of divorce and Utah appellate cases and will help put your mind at ease so you do not get taken advantage of.
At CoilLaw, LLC, Provo divorce and family law attorney Jill Coil knows how to advise you during a divorce or appeal to help you achieve the best settlement and result possible. At CoilLaw we are ready and available to help you through your legal action. If you need legal advice concerning a Utah family law issue, call Jill Coil at CoilLaw, LLC at (801) 884-3775 today.
