Can a Divorce Decree Be Appealed in California?
When going through a divorce, it’s not uncommon for the court process to be a little bumpy.
There is likely tension between the two involved parties; accusations may be flying around on both sides; and reaching agreements can be difficult in the best of circumstances. Add to that the fact that people get busy and life gets in the way, and things can fall through the cracks, such as important court filing deadlines.
In addition, the court can make mistakes, as they’re basing their decisions on the evidence presented to them, and a final judgment or divorce decree can be made that one of the parties doesn’t agree with. If you’ve taken issue with your final judgment in a divorce case, you may be wondering, “Can a divorce decree be appealed in California?”
Filing an Appeal for a Divorce Decree
If you’re unhappy with a divorce or other family law judgment made against you, there may be some ways you can make changes, depending on your situation.
First, the law is complicated, and understanding which court request you actually need to make can be confusing.
For instance, if you wish to make changes to a child custody order that you don’t agree with, you may think you need to file an appeal when you actually need to make a modification. There’s a different method for modifying a child custody order; it’s not the same as filing an appeal.
Another example: If you want the judge to reconsider some matter in your case, you would file a request for reconsideration—not an appeal.
In order to file an appeal in a divorce case in California, you will need to show evidence that the judge in your case misapplied the law or that the other party was acting in bad faith. You’ll have to prove that the bad faith behavior actually negatively affected the judgment.
Two examples of bad faith in a divorce case would be hiding assets or purposely lying to the court about the other party’s physical, mental, and psychological abilities to care for children. If you can show that this type of behavior negatively altered your divorce judgment, then you can take your case to the California Courts of Appeal.
Get Help Appealing a Divorce in California
Now you have the answer to your question: Can a divorce decree be appealed in California? The answer is yes, under certain circumstances. You will likely want a divorce lawyer’s help to be sure that this time the final judgment is correct, and you will need to ensure that your circumstances allow you to file an appeal.
To speak with an experienced and caring family law attorney, contact The Law Office of Laurence J. Brock today. Our firm can be reached utilizing the contact form on this page or by dialing 909-466-7661.