If you disagree with the court’s decision at trial in your divorce case, the ruling may be appealed. The process begins at the Minnesota Court of Appeals where it is reviewed for the following qualifications:
- Did the decision fail to follow proper legal principles?
- Was there an abuse of judgment or discretion?
- Did the decision ignore credible and significant evidence?
If any of the above are found, the ruling may be changed. There are strict timelines, rules and guidelines for filing an appeal. In order to protect your divorce appeal from being rejected on a technicality, our Minnesota divorce appeal attorneys can ensure the necessary documents are filed correctly.
The original decision will not change unless the appeal is successful. However, a “stay pending appeal” may be an option for your case. This means that the unfavorable decision will not be given effect until the appeals process is complete. In order to receive a stay pending appeal you must prove the following:
- The original decision would bring irreparable harm by enforcing the judgment;
- The decision would cause greater harm if the stay is not granted; and
- The appeal is based on a meritorious issue and you believe you would be successful on those merits.
If you are interested in an appeal, our knowledgeable Minnesota divorce attorneys can help you decide how to best move forward. We will explain the process to you and work with you to understand your goals and concerns. At Alithis Family Law, our lawyers pride themselves on how they serve our clients. Please reach out today for your free consultation—you can call our office at (952) 800-2025 or contact us by email at info@alithisfamilylaw.com.