How to Appeal a Divorce Decree
- 1). Schedule a meeting with the attorney who represented you during your divorce proceeding. You will want to do this as soon after the issuance of the divorce decree as possible. Most jurisdictions provide only 30 to 45 days for an appeal.
- 2). Discuss with your attorney whether you have grounds to file an appeal. If you do not, a court will reject your appeal. Criteria to file an appeal includes: the judge made an erroneous ruling based on the law or facts of the case or an element of fraud or misconduct played a role in in the creation of the original decree.
- 3). Request copies of your divorce trial transcripts from the court that issued your decree. You will need multiple copies, including one for you, one for the court, one for the court reporter and one for your former spouse. You will have to pay the associated costs to receive these transcripts. The process for requesting transcripts and associated fees vary from state to state.
- 4). Submit a notice of appeal to the court, your former spouse and the court reporter. Your attorney can help you prepare this document, which will vary from state to state. In this notice, you will need to describe the parts of the decree you wish to appeal and explain why the court made an erroneous decision when issuing the decree. Include the copies of your transcripts along with the notices.
- 5). Gather all documents supporting your appeal request. What documents you gather will depend on the specific circumstances and grounds surrounding your appeal. An attorney can advise you as to what supporting evidence you should produce.
- 6). Ask your attorney to type up what is referred to as a "record below." This is a lengthy, official document that contains the bulk of information about your appeal. The record below includes transcripts from past proceedings, the evidence supporting your appeal and all documents filed with the lower court and the appellate court regarding your divorce.
- 7). File the record below. Although whom you file the record with will vary from state to state, you generally will provide the appellate court with an original and four copies; two copies to your former spouse; one copy to the trial court; and a copy for your attorney. You will also want to retain a copy for yourself. Understand that creating copies of this packet of information is very expensive and that you will incur all costs.
