If you are not completely satisfied with your divorce’s final terms, you can challenge it. Whether it is a settlement agreement or a court case, in most cases, you have a chance to file an appeal to challenge the court’s decision about your divorce.
However, you must consider all the consequences of this action. So you better talk to Madison divorce lawyers and get legal advice on what you should do next.
4 Steps involved in filing an appeal after your divorce judgment
Form notice of appeal
An appeal in divorce cases is usually associated with a minor error; it could either be an error of fact or misuse of power by the judge. In either situation, the first step is to form notice of appeal and send it to the other party.
Be mindful about sending the notice of appeal quickly, as time restrictions and strict procedures are involved. Depending on the state, the deadlines and policies can differ; however, if not followed, you might lose your right to file an appeal.
Record on Appeal
After you file the notice of appeal in court and send it to all the parties involved, start preparing the Record on Appeal immediately. This Record refers to the transcript of the reported presence in court and the clerk’s record.
In the clerk’s record, you must include all the necessary documents, paperwork, written material, and pleadings of the previous trial that were registered in court. Moreover, if any new evidence or documents were presented in the trials, you must include that too.
The transcript of the court reporter contains everything that was said verbally in the trials to represent the court reporter. It is a file that includes testimonies of witnesses, arguments of attorneys, and any statements made by the life or jury.
An essential part of your argument on appeal in the appellate brief. The appellate brief is a written document with a legal argument based on several factors of your divorce case. For example, you must form a legal argument based on the report transcripts, document present in the clerk’s record, laws applicable to your appeal, and statutes.
Once the appellate brief is ready, your lawyer will submit it in court, and the court will grant permission to conduct oral arguments and trials.
Although you are granted an oral argument, you must be quick as you have very little time. The oral argument lasts only 15-30 minutes, and each side has to put out their arguments. Only the lawyer and former spouses will be present in this session, and no witnesses will be allowed.