Should I Appeal My Divorce?

Most people have heard about the appeals process at some point. Often, filing an appeal is framed as a way to get a "second shot" at pursuing a legal case, but that's not necessarily true.

Today, we're taking some time to explore how appealing a divorce works in Colorado—namely, whether or not it's a good idea in the first place, and what you can expect from the appeals process down the road if you do decide to appeal.

To schedule a consultation with our firm and receive legal counsel for your divorce, contact our office online or via phone at (845) 203-0997.

The Pros & Cons of Appealing a Divorce

Let's start with the pros of appealing your divorce first.

By appealing your case, you can get another opportunity to receive a better ruling in your case. If you believe the court made a genuine legal error while deciding on the outcome of your case, successfully appealing the outcome can enable you to obtain a more favorable ruling.

Some legitimate reasons to appeal a legal case include:

  • The court made an error (including showing bias or deference to one party over the other);
  • The facts in your case were misrepresented or misunderstood by the court;
  • New facts come to light that could change the outcome;
  • The judge presiding over the case misinterpreted a legal precedent or made a similar legal error.

Given this information, appealing the outcome of your divorce may seem like a no-brainer. However, that's not necessarily the case.

Some of the disadvantages of appealing a case include:

  • The cost. Appealing your case may cost hundreds or even thousands of dollars, depending on the circumstances of your case.
  • Losing the appeal could set you back. You may have to pay for the other party's court costs. Appealing the case could also show you in an unfavorable light if you file further legal cases in the future that are related to the divorce (such as a child custody modification case) after losing your appeal.

At Letterio & Haug, LLP, we'll work with you to determine whether appealing the outcome of your divorce is in your best interests.

To receive a consultation with our team, contact us online or via phone at (845) 203-0997.

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