My divorce property division was one-sided to my ex-wife and I want to know how to appeal.
Even though the final order states that neither party was credible on the issue of the credit card debt I was ordered to contribute to her monthly payments.
I have objected and appealed, but it was denied. How is this legal?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.
Each state has specific laws regarding relief from judgments.Where I practice, you can generally appeal a judgment if the judgment was based on mistake, fraud, misrepresentation, the judgment was irregular, or the judgment was void. Additionally, the court may grant a new trial upon a showing of good cause.
However, large discretion is generally given to the trial court’s decision. The appellate courts believe that the trial court is in the best position to assess the credibility of the witnesses and assign weight to the evidence. Thus, it can often be difficult to have a judgment overturned.
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In your case, it seems that you have attempted to appeal the judgment pursuant to state law and have been denied. Since the trial court stated that they didn’t find either party credible on the credit card debt, it is likely that the appellate court is giving large discretion to the trial court, thus believing that an equal division of the debt is fair based on the trial court’s assessment.
Therefore, since a judgment has been entered dividing the debt, and the appeals have not been granted, it is in your best interest to begin paying the ordered amounts. Failure to pay will make you in contempt of the judgment, which may be grounds for imprisonment.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.