When emotions are running high, it may be challenging for parties to reach a mutually acceptable agreement. Although Michigan is a no-fault divorce state, the court has the last say, which may be unacceptable to one or both parties.
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Learn more about how to modify a divorce judgment in Michigan.
All parties must comply when a court rules on a divorce matter and issues a final decision. If you are dissatisfied with the decision, you do have legal recourse. You may attempt to appeal the divorce verdict to a higher court for reconsideration.
Filing a Divorce Appeal in Michigan
In Michigan family law, there are two forms of appeals: appeal by right and appeal by leave. An appeal by right only applies to final orders, including most divorce judgments and subsequent court rulings. On the other hand, filing an appeal by leave requires the higher court’s permission. This impacts orders for child custody and legal expenses. These include decisions awarding or refusing a change of parenting time, child or spousal support, or other court orders issued after a verdict has been made.
Common grounds for an appeal include:
- Failure to make a sufficient factual determination.
- Failure to draw proper legal conclusions.
- Child support does not fall within the normal range of what is granted.
- Spousal support does not fall within the normal range of what is granted.
- The decision was decided based on legal conclusions rather than a thorough examination of the laws or evidence.
From the time an appeal by right on assets, spousal support, or financial matters is filed until the time the Court of Appeals gives a final decision, the process typically takes between one and two years. However, timelines can vary based on the specifics of each case. A custody appeal by right can be handled significantly more quickly than other family law appeals. The majority of child custody appeals can typically be resolved within one year.
What Can You Expect During the Appeals Process?
When you appeal the divorce judgment, you won’t be able to relitigate the case, present evidence, or call witnesses. The appellate court will conduct a review, examining any evidence presented during the divorce to decide whether the judge made a legal error in issuing the initial judgment.
Several measures must be completed during the appeals process. This could include:
- Determining the matters to be appealed
- Notifying the Appellate Division
- Collecting trial court records and evidence for submission to the appellate court
- Getting the trial transcript
- Conducting legal research to bolster the appeal’s argument
- Preparing and drafting a brief detailing the case’s facts and applicable law
- Making oral arguments to the appellate court judges
Depending on the circumstances, this process could take anywhere from a few months to over a year. If more proceedings are required, the decision may be delayed. The appeal will be rejected if the appellate court finds no error in the lower court’s finding.
A Michigan Divorce Attorney Can Help You With Your Appeal
In Michigan, appealing a divorce ruling can be costly and time-consuming, especially if your case involves a complicated and drawn-out legal battle that leads in pages and pages of transcripts that the appellate court must analyze before making a decision.
If you want to file an appeal after your divorce, call Goldman and Associates Law Firm now at (248) 590-6600 or book a free consultation online to explore your options.