How to Appeal a Judgment on an Uncontested Divorce

Appealing a divorce is a lengthy and expensive process.

The appeal process for an uncontested divorce is the same as for a contested divorce. You can ask the court that issued your divorce decree to modify the judgment because your circumstances, like your ability to pay alimony or child support, have changed. You can ask for a rehearing on technical grounds by convincing the judge that he made a legal mistake. You can ask that the judgment be "set aside" on grounds that your ex-spouse hid assets or otherwise deceived the court. Or you can ask for a hearing before an appeals court. Civil appeals take at least one year and, in many states, the majority of civil appeals are referred to mediator.

Instructions

1. Determine the deadline for filing an appeal in your case. The deadline is generally 30 to 60 days from the date the judgment was entered, but the exact deadline usually depends on the grounds for your appeal. Hire a competent lawyer, preferably an appeals specialist, to assist you with this process.

2. File a notice of appeal with the court that issued your divorce judgment. This document is usually a simple one-page form that does not need to state the grounds for appeal. Identify the judgment you are appealing.

3. Pay the appropriate filing fees for an appeal. Fees vary by state. In California you must pay $100 to the Superior Court that issued your judgment and $655 to the California Court of Appeals just to begin an appeal.

4. Designate an "appellate record." This record is all the material, including different versions of transcripts, that describes what happened in the divorce proceedings. You must specify the records the appellate court should examine.

5. Ask the court to stay your judgment on the basis of your appeal if the stay is not granted automatically. Appeals usually, but not always, delay the enforcement of a judgment. An appeals specialist will best know how to enforce a stay of the judgment.

6. Follow your attorney's instructions regarding all filings, motions, briefings and settlement hearings. It often takes up to two years before oral arguments are heard in a civil appeal. Courts of appeal usually issue their rulings within 90 days after oral arguments.

References

• The Divorce Center: Appeal Divorce Ruling --- Divorce Court Appeals
• California Appeals; Civil Appeals Process; John Derrick
• Wicks v. Wicks; Alabama Court of Civil Appeals; 2010
• Divorce Support: Appealing a Divorce Judgment or Decree
• California Courts: Local Rules of the Court of Appeal, First Appellate District, San Francisco