If your divorce in Sacramento has been finalized and a judge has signed off on the settlement agreement or decree, you can still challenge the decision if you have legal grounds to do so. You must act within a specific deadline and have a valid reason for the appeal. Contesting or changing a divorce settlement is a complicated legal process that may require assistance from a divorce lawyer in Sacramento.
How to Challenge a Divorce Settlement in California
As a general rule, once a judge in California has issued the Final Judgment of the Dissolution of Marriage, the terms in the document are non-negotiable. It is not possible for one of the parties to challenge or appeal the divorce decree simply because he or she is unhappy with the outcome. It is possible to seek an appeal or modification, however, under the right circumstances.
Appealing the Judgment
If you have the right grounds, you can file an appeal with the District Court of Appeals for Sacramento to challenge your divorce agreement. An appeal asks the appellate court to review the original judgment and decide if the court judge misapplied or misinterpreted the law, or if a procedural error was made.
If someone involved in the divorce trial acted in bad faith, this could also be grounds for an appeal. The appellate process may or may not allow the introduction of new evidence. Most divorce appeals are based on a review of existing evidence along with the claimant’s supporting arguments as to why the request should be granted.
As a general rule, it is not possible to appeal a divorce settlement that both parties agreed upon, even if one of the parties misrepresented a material fact. Appeals are typically reserved for divorce cases that went to trial and received a judgment. If you and your spouse agreed on a settlement together that you now wish to change, a modification is a more suitable option.
Requesting a Modification
It is possible to request a modification of the terms of your divorce in Sacramento once it has been finalized. Time must have passed after the decree was issued, however, and the person making the request must have experienced a substantial change in circumstance to sanction the modification, such as the loss of a job or the birth of a new child. Requesting a modification is a simpler and less challenging legal process than a full appeal.
Important Deadlines to Know
If you wish to challenge your divorce settlement in California by appealing the judge’s decision, you must act quickly, as there are strict time limits. In general, you must file your Notice of Appeal within 60 calendar days of the date that the judgment was entered. If you were not served with a Notice of Entry of Judgment, however, you may have 180 days.
How to Prepare for a Divorce Settlement Appeal in Sacramento
Challenging a divorce settlement in California can be difficult. You or your family law attorney in Sacramento must correctly navigate the state’s appellate laws, file by the deadline, prove your grounds for the appeal and clearly state your case before the Court of Appeals. You will be required to submit a written brief and potentially give an oral argument for a successful appeal.
The best way to handle this legal process is by working with an experienced divorce lawyer in Sacramento. A lawyer can guide you through the steps involved in challenging or modifying a divorce settlement agreement in California, protecting your rights along the way. The strategy and insights gained from hiring an attorney can increase your likelihood of achieving a favorable outcome.
