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Mediation and Litigation

California Divorce Appeal Options

Posted on in Divorce

California mediation attorney, California divorce lawyerWhen you face divorce proceedings with your spouse, you have options on how you may go about the process. First, the least expensive and least stressful alternative for many couples is divorce mediation. However, this option is not appropriate for all cases. The good news is if you attempt mediation and the process is unsuccessful, your case is still eligible for a hearing in front of a judge. At this point, you give up all maintenance of power, and the judge has the capability to order whatever they see fit on all aspects, from property distribution to child arrangements. Is the judge’s determination “the end” or are you able to revisit the decision?

Options for Appeal

Dependant on the circumstances surrounding your case, you may be eligible to appeal the decision of the court. Meaning the verdict did not go in your favor, and you would like to have it reexamined in some way. Three different motions for civil appeal include:

  • Set Aside or Vacate: To qualify, you must meet certain requirements. If you are successful here, the same court who gave the initial order cancels that same order.
  • Reconsider: If your order is less than ten days old and you have new evidence, or a new law comes to fruition that may alter the initial decision, you may submit an affidavit entering new information. The intended outcome of this motion is to have the court reconsider the original decision.
  • New Trial: This proposal asks the court to reexamine evidence based on proof of misconduct, unfair trial or some other instance that caused the case to result in the unintended outcome. If the request is successful, you will have a new trial.

Consider All Options

There is more than one way to have your voice heard. We all know that everyone is different and therefore no one-size-fits-all applies in every situation. In many cases, a motion to appeal is not the best option. Other routes, such as post-judgment modification, may be more useful dependant on your case details. You should consult with a lawyer to determine what course of action has the best chance at getting you the results you desire. If you have questions for a San Jose, CA divorce attorney, contact the Law Offices of Benita Ventresca today by calling 408-395-8822 to take advantage of a complimentary initial consultation. Attorney Benita Ventresca has built a reputation in the last 35 years around the Bay Area for providing reliable and compassionate service to each of her clients.

 

Sources:

http://www.courts.ca.gov/5804.htm

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1008.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=657.

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