Appealing Divorce Decree Because Of Errors

St. Louis divorce lawyerQuestion:

There are errors in my divorce decree and I would like to know how to go about correcting the issues or appealing the divorce.

I believe there is a timeline to contesting the divorce judgment, but I have not heard back from my divorce lawyer.

Should I request an adjustment from the courts myself or what other options are available to potentially appeal my divorce?

Answer:

I am unable to give you legal advice on divorce. I can only give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am temporarily permitted to practice.

The purpose of an appeal is to determine whether the trial judge made a legal error such as misinterpreting the law or allowing into evidence testimony that should not have been admitted.

If the appellate court determines that the trial judge did make a material legal error (that is, one that affected the outcome of the trial), it may send the case back to the same judge (or some other judge in the original judge’s court) with instructions to correct the mistake.

The way to correct the mistake is often for the judge to schedule the case for a whole new trial, which is usually a long and drawn out process.

Read Related Article:

Can I Appeal My Divorce?

Also, keep in mind that there is no guarantee that you will be granted an appeal since the alleged errors need to be gross and pervasive. While the ability to appeal is questionable, there may be other avenues of redress available, such as a motion to amend, a motion to set aside the judgment, motion to correct the judgment, etc., however your options depend upon the laws of your state.

As such, I recommend that you immediately speak with an attorney in order to learn more about what your options are pursuant to your state’s divorce laws and what your best course of action may be in light of the issues you are facing. Remember, I am unable to provide you with anything more than divorce tips for men.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jennifer de Lyon Stralka, a St. Louis divorce lawyer, contact Cordell & Cordell Law Firm.

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