Appeal any court order is a demanding, costly and complicated process. Colorado law allows you to do it yourself, but it may be better to consult or hire an attorney if you feel that a judges order is really an error.
You cannot appeal a judgment of divorce because you think that your husband was lying, and you cannot present new evidence. Only you can tell the appeals court how and why the judge made a mistake in the application of the law to your particular case.
- Access to the web site of legal self-help of Colorado (courts.state.co.us) and download an appeal. Complete it pointing to the Court of appeal errors that you believe that the judge who signed your judgment of divorce committed. You must do so within 45 days after the date of the order.
- Send your appeal to the Court of appeal, together with the record rate and deposit rate to cover the costs of the Court to judge your appeal. Called ahead to find out the current rates, but it has a budget of at least $400, based on rates from April 2011. Contact information is available on the web site of the State.
- Get in touch with the Court of first instance, which issued your original judgment of divorce, to request copies of any document that you need to support your case. He asks all the allegations made in the original divorce action, both for you and for your spouse, and a transcript of the hearing in which the judge issued the statement that you are appealing. A reporter of the Court also be charged a fee for the preparation of the transcript. The Court of first instance will send the documents to the Court of appeal on your behalf. You must do so within 10 days of submitting your claim.
- You will have to wait 90 days, while the Court of first instance together and send all documents to the Court of appeal. When the Court of appeals receives documents, and whatever your spouse can also have requested, then you have 40 days to submit your initial letter. He started to work in your letter as soon as you present your resource. You must inform the Court of appeal where the judge made a mistake and offer case law to support your position.
- Check out the letter of reply of your spouse. He has the right to respond to your initial letter and to refute anything you said if you can find case law that supported its position. He has 30 days after submitted your opening brief to present its argument. Writes a letter of reply to refute any of the arguments put forward by your spouse in its letter of response and send it to the Court of appeal.
Tips and warnings
- The Court of appeal shall judge your appeal in the papers, i.e. on the basis of all writings submitted, unless you specifically request otherwise. If you want to have the opportunity to appear before the Appeals Court and present your case in person, you must request an oral report at the latest when you present your letter of reply.
- If you lose your appeal because you made some kind of procedural error, or simply because the Court of appeals did not agree your argument, you can request a new hearing or you can appeal to the Supreme Court. Both processes require new allegations, documents and the rates of the records and transcripts.
- You cannot appeal a temporary order in Colorado. If a judge issues an order pendente lite, designed to be applied only until the divorce is final, you have to file a motion for reconsideration, not an appeal.