There are times when one of the parties involved in a family law case will disagree with the court’s decision. In these cases, the person can appeal the decision. Our Minnesota divorce appeals lawyers can help you through the process. If you are looking for the court to reverse the decision it made, you will need to prove the following:
- 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?
In Minnesota, family law appeals begin at the Minnesota Court of Appeals where it is reviewed for these qualifications. When you decide to file an appeal, there are strict rules and guidelines to follow. For instance, you must file the appeal within a certain amount of time after the judgment is made in order to have the courts consider it. You must also file the proper documents and fill them out correctly or the appeal could be rejected. If you are serious about having your appeal considered and given fair treatment, our Twin Cities divorce appeal attorneys have the knowledge and experience necessary to help you.
Stay Pending Appeals
When filing an appeal, keep in mind that the court’s original decision will not change unless and until you are successful with your appeal. The court may however issue a “stay pending appeal.” This means that the decision is not in effect until the appeals process is complete. You can file a motion for a stay pending appeal in the Minnesota Court of Appeals after requesting that the judge issue a stay of the original decision. For this to happen, 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.
Deciding to Appeal
If you are trying to decide if you should appeal a court’s decision, our knowledgeable Minnesota divorce attorneys can help you make that decision. We give you a reasonable estimate of how much the appeals process is going to cost and help you through it to ensure the appeal is filed correctly according to guidelines.
Free Consultations
Why go through an appeal if you have no chance of winning? Whether you have a good case or not, you can call the divorce appeals attorneys at Clausen & Hassan, LLC, at 651-647-0087 for a free consultation. We can answer your questions and tell you if you have a case. If you do, our lawyers would be happy to help guide you through the entire process.
