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A Colorado court appeal occurs when a higher court reviews the decision of a lower court and either affirms that decision, leaving it to stand, or reverses, changing that decision.
After a divorce becomes final — through settlement agreement or after a court decision — either spouse may still have an opportunity tо challenge certain decisions made by the court, or change certain rights and obligations set out in the final divorce judgment.
Either or both spouses can appeal a trial court judge’s decision to a higher (“appellate” оr “appeals”) court, but it is unusual for an appeals court to overturn a judge’s decision in a divorce case. Nevertheless, the following paragraphs contain an overview of the appeals process.
Colorado court appeal decisions usually turn to the “record,” a written version of what happened in the trial court. The success of an appeal typically depends on what occurred at trial; new evidence may not be introduced on appeal. Once an appeals court hands down a decision, the opportunity for further appeals is limited.
Also, remember that settlement agreements usually cannot be appealed if both spouses agreed to the terms of the settlement.
If you and your former spouse reach a settlement agreement on issues such as property division and appropriate child support payments, and the judge approved and finalized that settlement agreement, you are most likely bound by the terms of that agreement.
Now that you have a better understanding of Colorado court appeals and how they relate to divorce and family law, move forward with your court appeal with the help of Burnham Law. Our attorneys are ready to assist you and ensure that you fully understand the scope of the laws governing court appeals.