How to Contest a Divorce After a Divorce Is Final

Contesting a divorce judgment is costly and time-consuming.

Contesting a divorce judgment in most states is a costly, lengthy and, generally, a long-shot endeavor. Some terms of divorce settlements are almost never permanent, such as alimony and child support payments or visitation terms. These issues usually are revisited and modified if circumstances change, and without an actual appeal of the judgment. Contesting other terms of a divorce judgment, especially if the divorce was uncontested and the terms agreed to by both parties prior to the divorce, must go through each state's appeals process. Winning a reversal on appeal is difficult no matter the type of case, and divorces are particularly difficult to overturn.

Things You'll Need

• Filing and transcript fees
• Attorney fees

Instructions

1. Consult with an attorney. Unless the individual has a legal background and experience with the appellate process in the state in which the divorce was decided, expert advice is a good idea. Appeals court decisions turn "on the record," meaning that decisions are based almost solely on the written version of what happened in the trial court. A reversible legal error by the trial judge is normally the only evidence that is considered during an appeals process. New evidence ordinarily can't be introduced on appeal. Property-settlement and financial issues usually aren't reversible, especially if the terms were agreed to prior to the divorce.

2. Consider a motion to modify terms, such as visitation rights and alimony payments, instead of filing an appeal. Most family courts provide means by which one can request to have certain terms modified, especially if circumstances have changed such as job loss or health. The court can modify divorce terms under such circumstances.

3. Act quickly. Although time periods vary among states, 30 days usually is the time period after a divorce is final in which parties have to file an appeal. Georgia, for example, allows 45 days; Michigan allows only 21.

4. Get an opinion about the merits of a case before filing. Appeals can take years to settle, and costs will mount for purchasing court transcripts (normally hundreds of dollars), paying filing fees and paying the fees of lawyers, which include researching the case, preparing a brief, examining the ex-spouse's brief and responding to it, and attending any court hearings. An individual also may end up paying for his ex-spouse's attorney to perform the same functions.

5. Hire an attorney. One can appeal pro se (on your own behalf), but the appeals process is complicated unlike the divorce process where pro se filings are common.

6. File an appeal. A lawyer will handle this process but the client may want to research the appeals process in the state to familiarize himself with his options. Utah, for example, has a website dedicated to the appeals process, including guidelines, forms and petitions. They even include a petition for interlocutory appeals, which are filed to obtain relief from temporary court orders such as visitation or child custody issues.

Tips & Warnings

• The appellate process is a specialty arm of the law and requires representation by an attorney well-versed in appellate law.

• Abide by the current terms of the divorce judgment. Nothing can negatively affect an appeal more than failure to follow the divorce judgment in effect.

• Consider the financial and emotional toll that an appeal can take --- on everyone. It's a long, costly process.

References

• Divorce Peers: Wrapping Up Your Divorce
• Divorce Info: Divorce Wrap-Up
• Utah State Courts: Utah Rules of Appellate Procedure
• Discover Net: Appeals

Resources

• Find Law: Appeals and Motions to Modify the Divorce Judgment
• Lawyers: Wrapping Up Your Divorce
• Divorce Dex: Estoppel