If an agreement is not reached between you and your spouse, the divorce will go to trial. At Alithis Family Law, LLC, our Minnesota Divorce Attorneys can successfully strategize and help you through your divorce trial.
Our divorce trial attorneys have extensive experience with all of the issues that come up in a divorce and will represent you aggressively to reach an outcome that is fair and in your best interest based on your unique situation.
Motion to Amend Findings/New Trial
If you receive an unfavorable ruling, you can file a motion to amend the Court’s Findings before the very same judge who decided your case. This is different from an appeal of your case to the Court of Appeals.
A Motion for Amended Findings must be brought within a specific time frame that is identified in the Rules. Once an Order is received, a Motion for Amended Findings must typically be scheduled within thirty days of receiving that particular Order, and it must be heard before the Court within sixty days. Sometimes, it is possible to get a Motion for Amended Findings heard after the sixty days, provided that good cause is shown. Typically, good cause consists of the Court’s calendar or an attorney’s conflict; however, permission must be obtained in advance from the Court, if the Motion has to be heard after sixty days.
It is important to note that if an appropriate Motion to Amend Findings is brought, it tolls the time frame for an Appeal to the Court of Appeals. For example, if an Order is issued on April 1, 2016, and an appropriate Motion to Amend Findings is brought and that particular Order is issued on June 1, 2016, the time frame for an Appeal would run from June 1, 2016. In cases involving a Motion for Amended Findings or an Appeal, it is very important that you consult an experienced attorney.
Divorce Appeal
If you disagree with the court’s decision at trial, 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 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.
Divorce Decree Modification
Divorced couples often continue to disagree even after a divorce is finalized. In some cases, a divorce decree modification may be the best way to reach a solution. Divorce decree modifications can take place if the circumstances of one party have changed significantly, making the terms of the divorce unfair. These circumstances can be financial, personal, or work-related.
Common issues for divorce decree modifications include: child support, custody, parenting time, and spousal maintenance. Any property divided during the divorce is final and cannot be modified absent a showing of fraud, undue influence, or some other extraordinary reason. Our Minnesota divorce attorneys can help you determine if a motion to modify your divorce decree is the right choice based on your specific circumstances.
The challenges posed by divorce are best faced with an experienced attorney by your side. It is important to have a lawyer who will strive to achieve your goals during a divorce trial or divorce appeal. 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.
