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1900 Grant Street, Suite 500
Denver, Colorado 80203
Phone: 303.837.0757

Aspen Office
1280 Ute Avenue, Suite 15
Aspen, Colorado 81611
Phone: 970.920.3150

Park Meadows Office
9000 E. Nichols Ave, Suite 120
Centennial, Colorado 80112
Phone: 303.837.0757

Facsimile All Locations:
303.839.9826

Denver Divorce Appeals Lawyer

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If you believe a judge has misapplied the law in your divorce settlement, you may appeal such a decision with the help of a top Denver divorce appeals attorney. For the most part, you can only appeal a final order; temporary or interim orders usually are not subject to an immediate appeal.

If you choose to appeal a court decision, your Denver family law attorney must file a Notice of Appeal within 45 days of the final order. It is crucial to act as soon as possible if you wish to appeal to avoid giving up your appellate rights. This initial Notice of Appeal must list all of the issues you wish the appellate court to address during the appeal process. It should be noted however that you cannot appeal a trial court’s decision upon the sole basis that you do not believe someone was truthful. Appeals are generally limited to whether the judge properly interpreted and applied the law.

The trial court should manage to get the Record on Appeal to the appellate court within about 90 days. Within 40 days of the appellate court’s receipt of the Record on Appeal, your attorney will need to draft and prepare an Opening Brief to present the matter to the appellate court which includes a detail of your legal arguments regarding the lower court’s error and what relief you are requesting. Within 30 days of filling your Opening Brief, your ex-spouse can file an Answer Brief that will address your arguments. Finally, the person that files the Opening Brief may also file one final brief, a Reply Brief, to address the issues in the Answer Brief. The appellate court’s decisions will be based entirely on these briefs and the Record on Appeal; you cannot provide any new evidence in the appellate process nor generally may you raise arguments that were not raised in the lower court. In some cases, the appellate court may hear oral arguments from the parties, or their attorneys if they have one, before entering an order.

If either party disagrees with the appellate court’s decision, they can file for the court to rehear the matter or alternatively, file an appeal to the Colorado Supreme Court. This process is largely the same as the first appeal process, but will usually take less time.

Contact Our Divorce Law Firm for a Free Consultation

When you think the court has made a mistake in your divorce case, you should speak with your Denver divorce attorney as soon as possible. At Litvak Litvak Mehrtens and Epstein P.C., we will be happy to look over your case and help you evaluate your likelihood of winning an appeal while also helping you to estimate the costs so you can weigh the financial cost with the benefits of an appeal.