Can I Appeal My Divorce Case?

I wrote recently about the different kinds of appeals, how they work, and what it looks like to use them effectively and what it looks like to essentially abuse the appeals system (read it here).

Essentially, the appeals system is important because it allows us to make sure that people get a fair trial. If a decision is made, and later it’s revealed that some evidence shouldn’t have been admitted, or a juror was biased, etc., the appeals systems makes it possible to correct mistakes.

Appealing a Divorce Decision

You can appeal any type of case, including divorce, if there was a significant error involved in the decision-making process. The key word here is “significant.” Sometimes the Courts will find that there was indeed an error, but that it wasn’t significant enough to have affected the outcome of the case.

There are appeals for virtually any kind of case that exists. Divorce, personal injury, contract, custody, anything — you can even appeal DMV Court decisions in certain instances.

There was recently a murder trial in Boulder County which resulted in a guilty verdict. The defendant was sentenced to years in jail, but, after everything seemed to be settled, it came to the Court’s attention that one of the jurors had been untruthful on his questionnaire. His family had some legal issues that weren’t revealed.

After a Motion was filed, the Court decided that, if the juror had been honest on his questionnaire, he may not have been allowed to be part of the jury… and since jury decisions need to be unanimous, it’s possible that the outcome of the trial could have been different.

The murder conviction was overturned, and now a new trial has to be conducted.

Appeals Can Be Expensive

The appeals process can get expensive, and should be used judiciously. It usually requires getting a transcript of the entire trial, and transcripts are not cheap. There are obviously significant attorney’s fees involved. However, if you truly believe that your case was not treated fairly, you have recourse.

If you are in a situation that you believe calls for an appeal, call our office today at 303-449-1873 to schedule a complimentary consultation and find out if Barre Sakol is the right representative for your case.