Is a Trial Necessary After a Divorce?

Colorado divorce law puts terms in place for all aspects of divorce, including the “fair and equitable” division of marital assets, child custody, child support according to the state’s formula, and spousal maintenance (alimony). During the divorce process, spouses may either reach a settlement agreement on all of the required divorce terms through negotiations and mediation, or they may take their cases before a judge to decide.

Divorce orders are binding and legally enforceable, but what if one spouse finds the terms of the divorce to be unfair or unwarranted? What are the options for appealing divorce orders, and is a trial necessary? For legal counsel, call our divorce attorneys in Denver, CO for free consultation. 

What Is a Divorce Appeal?

When a judge issues final divorce orders in a trial court, the orders are legally binding, but a spouse may appeal the order by going to a higher court. Disatisfaction with a judge’s decision isn’t a sufficient reason for a judge in a higher court to consider an appeal. Instead, a successful appeal requires specific legal grounds, for example, by showing:

• The judge made a legal error by misinterpreting the law
• The judge applied a legal standard incorrectly
• The judge made an error in calculating child support or alimony
• There was insufficient evidence for a judge to make their decision
• The judge abused their discretion in a decision about child custody or alimony (judges have only limited discretion to make decisions outside of the legal norms)
• A procedural problem occurred such as improperly serving documents, improperly 

included or excluded evidence, or otherwise failed to follow legal procedures

• The court did not have jurisdiction in the case

In some circumstances, a spouse may file an appeal based on insufficient evidence and the higher court will review the evidence presented in the lower court to determine if the evidence was sufficient.

Divorced individuals may seek an appeal of their child custody order, spousal support order, or the division of their marital assets.

There Is No New Trial for a Divorce Order Appeal

A divorce appeal is not the same as filing a modification. Colorado courts allow divorced spouses to seek a modification of existing orders based on a change in circumstances, while an appeal to overturn an order is based on the idea that the initial decision was faulty or improper.

Appealing a divorce order requires filing the notice within 49 days of the initial order. There is no trial in a divorce appeal because the court does not hear new evidence. Instead, they review the record of the original trial to look for procedural errors and examine the evidence and testimony presented at the original trial to determine if the judge’s decision was sound.

How Can a Colorado Divorce Lawyer Help?

Appealing divorce orders is a complex process that requires careful navigation in order to find sufficient legal grounds. Call the Colorado family attorneys at Ciancio Ciancio Brown, P.C. today so we can review the circumstances of your case and determine the best way to move forward.