After a final judgment of divorce in Michigan has been entered by the judge, neither party may comment or argue with the ruling. Yet there are instances when you may have cause to object to the final decision.
If you are dissatisfied with your judgment, the only remedy is to appeal the judge. An appeal is a review by a higher court, the Michigan Court of Appeals, to determine if the lower court made a legal error. You have 21 days to file an appeal.
An Appeal of a Divorce in Michigan Is Not a New Trial.
In a divorce appeal, you are asking the appellate court to reconsider the decision of the trial court, because you believe the court made a wrong decision.
When appealing a divorce case, you are not allowed to present new evidence. The appellate court will only review the actual proceedings of the trial court. This includes the pleadings, orders, and trial records and transcripts.
The only thing that can be appealed regarding a final judgment of divorce in Michigan is whether the judge applied the law correctly. Aside from some unique legal issue or grave error in the interpretation of Michigan law, simply disagreeing with the final ruling is not enough. You do not get to re-argue facts. For these reasons, it is not often that the appellate court finds fault with the decisions already reached by the judge during trial.
Divorce in Michigan and the Appeals Process
The appeals process can be lengthy and expensive. It involves ordering a transcript, writing legal briefs, oral arguments at the Court of Appeals, and then waiting for a decision. Appeals in family law are complicated, and every case is unique.
The attorney who appeals a judgment of divorce needs a different set of skills than those needed in a trial, and should be familiar with appellate procedures. Family law appeals require a lawyer with intimate knowledge of procedural rules and substantive law on issues such as property division, child support, custody, and alimony.
Your attorney must be able to accurately interpret and foresee whether a decision is fair and follows the law. Often with a family law appeal, the case involves significant assets and complex financial issues.
Family Law Appeals Attorney
If you strongly believe that your judgment of divorce needs to be reconsidered, please contact me for an evaluation of a possible appeal. I have the skills and experience needed to handle the most complex divorce appeals, and will carefully advise you as to whether your case merits an appeal. I have helped many families throughout Eastern Michigan, including families in Detroit, Troy, Auburn Hills, and Birmingham as well as Oakland, Livingston, Macomb, Lapeer, Genesee and Wayne County.
Schedule an Initial Consultation to discuss an appeal to Michigan divorce rulings. Stakes are high in every family law matter, and with divorce in Michigan, the time is short to file an appeal. All consultations with me are completely confidential, with no obligation to hire me as your attorney.