There’s a lot at stake in the outcome of a divorce trial or other family law litigation. Colorado courts do their best to apply the law correctly, but judges are human, and occasionally make mistakes. When that happens, an appeal may be the only recourse to ensure a fair outcome in the case.

An appeal is a way to correct legal errors, and it involves strict deadlines and procedural rules. An appeal isn’t a “do-over” of a trial; it’s an entirely different process, and the help of an experienced family law appeals attorney can dramatically increase your likelihood of prevailing on appeal. Altitude Family Law represents both those appealing an order (appellants) and those responding to an appeal (appellees).

Understanding the Colorado Appeals Process

If you believe that there was a legal error in your trial that affected the outcome of your case, you can appeal a final order in the case, such as a divorce decree or child custody order. Temporary orders may be appealed only in very limited circumstances.

The Colorado Court of Appeals does not re-try the case or accept new evidence, but it will review the transcripts and documents from the trial. Both sides in the case have the opportunity to file briefs on appeal, explaining the legal reasons that they think the trial court was (or was not) wrong in its decision-making. The appellate court may also hear oral arguments from the parties’ attorneys.

At the conclusion of the appeal, the appellate court may affirm the lower court’s decision, indicating that there was no error. It may also reverse or modify the trial court’s decision if it believes there was a legal error, and may remand the case (send it back ) to the trial court for further action consistent with the appellate ruling.

If you believe the trial court made a legal mistake in your case, you have only a limited amount of time in which to appeal: 49 days from the date the final order in your case was entered. If you don’t file a notice of appeal within that time, you lose your right to appeal forever.

In general, appellate courts are reluctant to overturn lower court rulings unless there was a clear legal error that led to an unfair outcome in the case. That makes having the right family law appeals attorney all the more important; an experienced attorney will know how to identify and prove legal errors on appeal.