We occasionally have clients tell us that their divorce is finalized and that the opposing party will appeal. They are concerned about the appeal. You cannot effectively appeal a decision simply because you disagree with it. Certain legal issues are subject to appeal. Some evidence may have been admitted by the court that shouldn’t have been. Or, the court may have declined to take into account pertinent evidence. What if your ex is appealing your divorce and custody agreement in Michigan?
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What qualifies as appealable must meet certain criteria. Things need to be preserved. The Court of Appeals won’t conduct a fresh trial and render a decision there. They’re going to go over the current transcripts. You’re going to bring up issues that weren’t brought up in the lower court. The Court of Appeals won’t take into consideration new issues. Only things that have already occurred are appealed. They would not be able to appeal if the issue had never been brought up. They are not allowed to assert that a judge erred in their handling of a case. A problem that the lower court was never actually asked to address. They won’t act in that manner.
What is an appeal to a divorce and custody agreement?
Parties have the option of getting erroneous family court rulings reviewed. Only the Court of Appeals (COA) has the authority to reverse these rulings. A domestic appeal could be difficult to win. Lower courts have a lot of discretion under Michigan family law. Success requires a comprehension of both substantive and procedural law. An appellate practice separates excellent lawyers from subpar ones. So make sure to consult with an experienced divorce and child custody lawyer in Michigan. An appeal is a request that a higher court examine a decision made by a lower court. One spouse might be unhappy with the outcome of their divorce lawsuit. The COA will hear their appeal of the ruling.
The final judgment
The final judgment is the judge’s final decision on the divorce or custody case. Parties are expected to adhere to whatever is specified in the final order. There will be cases where parties will have deep disagreements on certain points in the final judgment. They will express their desire to appeal to a higher court.
Decisions in custody cases
Families struggle with child custody disputes. There are so many factors at play. When one party disagrees with the judge’s ruling, they frequently wonder if they have any other options. A domestic relations referee can be appointed by chief circuit court judges under Michigan law to consider motions in a domestic relations dispute. Child custody is considered to be a domestic relations issue. A parent has the right to ask the judge to reconsider the referee’s choice. Let’s say you are thinking about challenging a lower court’s custody ruling. Any judgment made by a family division judge in Michigan is subject to appeal to the Michigan Court of Appeals.
An alternative to appeal
Parenting time. A time set aside by a judge for a parent and child to interact. This takes the place of legal custody or shared custody. For those who are having trouble deciding on child custody, it may be an alternative. The State of Michigan understands that in order for relationships to flourish, time must be set aside. To the greatest extent possible, interactions between parents and children should be maintained. Parenting time can remove the requirement to contest a referee’s decision. Parenting time should always be taken into consideration by the parent who was not granted custody. An alternative to filing an appeal is to modify parenting time. A motion to the court for a modification of the existing parenting time order is known as a parenting time modification.
An appeal is an option always available to all parties in a divorce or custody agreement case. The parties must weigh their expected outcomes against the cost and feasibility of pursuing an appeal. Appeals are not easy and do not come cheap owing to the complicated process and the element of time. The law provides parties the right to appeal but you must look at the likelihood of getting a favorable outcome against investment in time and money.
What is the difference between a circuit court and the higher court?
You first filed for divorce in Michigan’s family court, a lower court. A trial court or circuit court are common name for it. By mutual consent, through arbitration, or through mediation, you reach your ultimate decision. A judge in a circuit court will ultimately sign the decision, as is the case in every case. Parties may still appeal the judgment to a higher court if they are not happy with it. The Michigan Court of Appeals, or COA, is our superior court. Our appellate court sits there. So what distinguishes an appeal court from a lesser court like a circuit court?
The Trial Court
The trial court is the lowest level of the Michigan judicial hierarchy. The majority of family law lawsuits start here. The judge or arbitrator in the trial court will hear the testimony from both parties and render a judgment based on the law and the circumstances of the case. The trial court in Michigan with the most authority is the circuit court. In general, all civil lawsuits with demands of over $25,000 are heard by the circuit court. The circuit court manages all felonies. Cases involving felonies are those in which the accused if found guilty, could face prison time.
All family law cases are handled by the circuit court’s family division. These include name changes, paternity determinations, divorce, paternity determinations, adoptions, personal protection actions, emancipation of minors, treatment and testing for infectious diseases, safe delivery of babies, infectious disease testing and treatment, juvenile offenses and delinquency, juvenile guardianship, and child abuse and neglect. Cases appealed from the various trial courts are heard by the circuit court. It also hears appeals from administrative bodies.
Appellate Court
The Michigan judicial system has an appeal court as its second level of court. The trial courts’ appeals are heard there. An appeal is a request made to the appellate court asking it to review the judgment of the trial court. The appellate court examines the trial court’s judgment only if the appellant can demonstrate that the trial court committed a legal error or misused its authority. The Michigan Court of Appeals is the intermediate appellate court in Michigan. It is made up of 17 judges who are elected to six-year terms. The Court of Appeals hears appeals from the trial courts in all parts of the state.
One of the most active intermediate appellate courts in the nation. The Michigan Court of Appeals was established under the Michigan Constitution of 1963. It began hearing cases in January 1965. Final decisions from the circuit court. Probate court rulings as well as some agency orders are appealable to the court as a matter of right. Other lower court or tribunal rulings may only be appealed by filing an application for leave to appeal. This is with the court’s consent. The court has the authority to consider some original cases. These are cases like complaints for mandamus. It can be superintending control against public officials.
Michigan Supreme Court
The Michigan Supreme Court is the highest court in Michigan. It is made up of seven justices who are elected to eight-year terms. The Supreme Court hears appeals from the Court of Appeals and from the trial courts in certain cases. The functions of the Michigan Supreme Court is discharged by seven justices. The state’s final appellate court is also its highest court.
The Supreme Court grants about 2,000 requests for leave to appeal. These are presented on behalf of parties asking for the Michigan Court of Appeals’ judgments to be reviewed. The Supreme Court is free to decide which cases to examine. There are some cases that are challenging. These are cases of significant public interest. The Court grants leave when more briefing and oral arguments are necessary. The kinds of cases handled by the Supreme Court are cases involving:
- Interpretation of the Michigan Constitution.
- Interpretation of state laws.
- Administration of justice in the lower courts.
- Cases involving the rights of the people of Michigan.
The judiciary is not the branch of government where you expect innovations. The Michigan judiciary has evolved since the launching of the One Court of Justice in 1963. The judges of the COA serve six-year terms. They use a three-judge panel to make decisions. The Michigan judiciary was a trailblazer in the United States justice system. In 1978, its mainframe docket system was the national prototype. Michigan was also the first to organize a central staff for research attorneys. It was the first of its kind in the country.
What can be submitted for appeal to the Michigan Court of Appeals?
When is an appeal most appropriate for divorce and custody agreement? Parties are not entitled to a second chance just because they filed an appeal. It is not meant for people who just disagree with the trial court’s decision. Appellants must demonstrate that the application of the law was incorrect. It affected whether the trial court’s proceedings were just and proper. Typical grounds for appeal are listed below:
Errors of law
Your odds of winning on appeal significantly rise if the judge committed a legal mistake. The Court of Appeals may overturn the decision made by the trial court. This is when the judge did not use the proper legal standard. If you want to know if such an error was committed in your case, you should have a skilled appellate lawyer. Find one who specializes in family law appeals.
Abuse of discretion
Appeals are often filed in cases where there has been a misuse of discretion. The power of the judge can be abused. They might make a poor or erroneous decision. Neither the law nor the facts back it up. The court decides if a witness is qualified to testify as an expert or not. A witness or exhibit may not be allowed to testify. The decisions you make here have a big impact on the outcome of your case. Judges have a great deal of discretion when making rulings. The appeal would be successful if a major abuse of discretion had taken place.
Insufficient evidence
Your appellate lawyer needs to show there isn’t enough evidence. The evidence may be unreliable or insufficient. The evidence used in the lower court proceedings was purely conjecture. It was more speculation than conclusion. Your Michigan family law attorney can show that an allegation is not supported by any evidence. The party was unable to produce any witnesses in court. The opposing party did not provide any written or physical proof to support their claims. The court might have interpreted the evidence incorrectly. Your attorney can prove that you made a stronger case during the hearings. More evidence than the opposition.
Procedural errors
Procedural mistakes are admissible as grounds for appeal. A procedural error is an oversight the court committed while hearing your case. The proceedings were no longer fair as a result of the error. Procedural mistakes can be presented in several ways. By ignoring the proper norms of evidence, courts can make procedural errors. When a court gives neither party an equal chance to be heard. The court’s failure to base its decisions on the evidence is another possible way.
You are not given the opportunity to re-litigate your case in the Michigan Court of Appeals. In other words, you forfeit the opportunity to summon witnesses. Witnesses you omitted to call during the lower court proceedings. You are not given the opportunity to exhibit any documents. Pieces of evidence you failed to submit to the circuit court. The Michigan Court of Appeals gives you no opportunity to offer any fresh evidence. In essence, you are stuck with the testimony that was given in circuit court—both the good and the bad. The COA only argues if the lower court judge applied Michigan law incorrectly.
How does the process of appeal work?
The COA appeals procedure is going to demand a lot from you. Your time, your effort, and a lot of money too. The cost can ramp up very quickly. You’ll be spending on documents. Your lawyer will have to get copies of transcripts of the proceedings from the lower court. To represent you before the COA, an attorney needs those transcripts. The COA cannot even review the matter without a copy of the transcripts from the lower court. This kind of transcript often has hundreds of pages. The circuit court reporter will take a while to finish the transcript. It can take a long time to complete the process. The following steps are included in a simple appeal:
File a Notice of Appeal
A Notice of Appeal must be submitted to begin the appeals procedure. The court must receive the notice within 30 days of the final ruling. Your lawyer will then need to draft a “legal brief” on your behalf.
Prepare the Appeal Brief
The next step is to prepare the appeal brief. This is a bit of a misnomer because oftentimes, there is nothing “brief” about a legal brief. The appeal brief is a written document that sets forth the arguments in support of the appeal. Your attorney cannot just tell the COA that the circuit court judge made a mistake of law. Your attorney will need to research the case. Cite specific statutory and case law to the COA in support of your argument. The COA reviews your brief, as well as the opposing party’s brief. The appeal brief must be filed with the appellate court within 40 days of the filing of the Notice of Appeal.
File Reply Brief
The opposing party may file a reply brief within 20 days of the filing of the appeal brief.
Oral Argument
The appellate court hears oral arguments from the parties. The COA schedules oral arguments 60-90 days after the filing of the reply brief. Your attorney will argue your case before a three-judge panel. This is usually scheduled in either Detroit or Lansing.
Decision of the Appellate Court
The appellate court will issue a decision after hearing oral arguments. They often make a decision after reviewing the written briefs. The appellate court’s decision is final and binding on the parties.
Your judgment of divorce ended your marriage in the family court. You went through pain, confusion, and anxiety not just for you but also for your children. Now you’re thinking of going for an appeal feeling you have been cheated of what you are entitled to. The right to appeal will always be available to you. That right comes with a cost. You paid the price already of ending your marriage. Weigh the cost of going through a painful rollercoaster ride again by appealing. Weigh it against the prospect of moving on and getting ahead with your life and your children. Get clarity. Talk to your attorney.
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