Judgements final or can they be appealed?

[CrazySonoran]

I was given the judgement on my divorce and the judge was way off base on a lot of things (custody and others). He ignored things that both I and my ex wanted. Can we appeal this or do we have to wait a year to get the custody issues fixed officially?

[MixedBag]

Depends on the state -- normally you can appeal within 30 days or even 45 days.

Call the county clerk to see if they'll just tell you.

You can also do a "JOINT MOTION FOR RECONSIDERATION" where you two JOINTLY petition the judge to sign what you two agreed upon.

Maybe there is a "reason" he ignored your requests????

For example, did you two agree on anything that is against your state's laws?

I know that in one state we deal with, you can't adjust child support because of travel expenses.  Travel expenses are on top of child support and shared according to the parent's income ratios.  So the parents can't AGREE to lower CS for the NCP because the NCP agrees to pay all transportation expenses.

[Lawmoe]

In almost all states, you have the right to appeal. However, generally, very specific rules apply.

In Minnesota for example, you can appeal based on the fact that:

(1) the evdence did not support the Findingof Fact by the Judge;
(2) Errors of law;
(3) That the Findings did not support the conclusions opf law.

In appeals, you are limited to the evidence provided at trial. You canot add anything.  Additionally, the Judge has broad discretion to determnine credibility.  If you say "X" and the other side says "Y"  the Judge can choose who to believe and is unlikely to be overturened.  

[floridadad630]

Appeal it.  I did mine pro se.  All you have to do to get started is file a short notice stating you wish to appeal within 30 days of the final judgement and attach a copy of the final judgement.  Then you'll have a certain number of days to file a brief stating your case.

Once you let that 30 day period expire its nearly impossible to change it.  Look up the rules of appellate procedure for your state on a search engine.  I've posted my brief on socrateaser's board and could send you a copy if you need it.

[bluesman]

>I was given the judgement on my divorce and the judge was way
>off base on a lot of things (custody and others). He ignored
>things that both I and my ex wanted. Can we appeal this or do
>we have to wait a year to get the custody issues fixed
>officially?

Don't know what state you're in but in California you can file a Request for Statement of Decision (SOD). In fact, there is case law that supports not filing the judgment until the Statement of Decision is done. I have this very issue going on right now.

A SOD is essentially a request for the judge to state his or her findings and explain the evidence and case law that support those findings. Its like getting them to give you the reasons for their stupid decision.

You can then file objections to any findings and give your supporting case law and/or evidence that shows why you feel the judgment should be different. This SOD can be critical in an appeal.

There is no particular format for a SOD. Mine was 25 or so questions about the findings. "What evidence support the finding that blah...." The judge in my case answered some and ignored others. We're formally objecting to many of her answers and also insisting that she answer all of the questions.

There are strict time limits on when you can file the request and object and they're pretty short. Act quickly if you decide to do this.

I hope this helps.