When is a Seattle Divorce Appeal Required?
If your final divorce decisions are based on a court ruling after the trial, you may be able to appeal the outcome. An appeal is a request from a reviewing court (generally the court of appeal) to review the judgment for errors of law. On the other hand, you usually cannot appeal against an agreed divorce settlement.
As a rule, the appeals court does not review the entire divorce result, only the points that you have examined in your appeal. Divorce covers a lot of different issues, and you may feel that the court was correct on most of the issues but made a mistake on one or two. The error could be in the interpretation of the law or in the fact that the discretion available to the court has been exceeded.
Since the facts are different in each case and the instructions to the court are primarily to obtain a “fair and equitable” outcome, the court has its own discretion to decide what is fair and just. For example, there may be facts that justify a 60/40 property split based on other factors such as: B. future income that affects one or the other party. On the other hand, the appeal process could determine that a 90/10 property apportionment was outside the scope of the court’s reasonable options given all of the factors involved.
Meet Michelle Danley: Our Seattle Divorce Lawyer
Michelle Danley is the Seattle Divorce Services attorney handling complaints. We were very fortunate that she came to us here, bringing her 10 year vocational background with her to complement the other divorce services we offer.
If you believe the court made critical mistakes in your divorce, you can schedule a consultation with Ms. Danley to discuss what happened, what mistakes you think were made and what potential there is for an appeal.
You must be aware that there is a time limit for filing a complaint, usually 30 days from the date on which final orders are placed. This means that if you are considering an appeal, you can speak to your current lawyer as soon as possible after the divorce, as well as a Seattle divorce law attorney such as Ms. Danley.
If you would like to make an appointment to discuss a possible legal remedy or other divorce issues, please call us at 206-784-3049 or use our appointment request form. Bye for now!