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Randi S. Sirlin of SIRLIN LAW FIRM, LLC reviews Family Law Appeals, Family Law Post-Order Motions and Family Law Post-Decree Motions
All too often, spouses and parents believe there is no hope when they receive an unfavorable result after a trial. However, there is hope so long as you act quickly! If you are not happy with the results after a trial, you should contact Randi S. Sirlin at 602-561-8107 or at [email protected] to discuss your options, including various family law post-order/post-decree motions and/or a family law appeal.
A family law appeal involves asking a higher court (The Court of Appeals) to review the trial court’s actions and decisions to see if mistakes of law and/or mistakes of fact were made, or, if the case involves a new legal issue and you disagree with the trial court’s resolution of that legal issue. A post-order motion or post-decree motion is something one may file in the trial court, to attempt to obtain change in the trial court’s rulings by pointing out to the trial court that mistakes of law and/or fact were made, providing newly discovered evidence which might convince the trial court to change its decisions, the decision of the trial court is unjust and/or to be sure that any evidence which was not part of the trial court proceedings becomes “part of the record,” as the Court of Appeals will only review documents which were submitted during the litigation in the trial court.
It is important to note that there are deadlines for post-order/post-decree motions and for filing an appeal. You must file a “Rule 83” motion no later than 25 days after the trial court’s issuance of the Minute Entry or Decree, you must file most types of “Rule 85” motions no later than six months after the issuance of the Minute Entry or Decree and you must file a Notice of Appeal no later than 30 days after the issuance of the Minute Entry or Decree. A properly filed Rule 83 motion will “toll” the time for filing a Notice of Appeal. Also, if you do file a Rule 83 motion or Rule 85 motion, you may ask the trial court to wait to enforce the rulings you want changed until such time as there is resolution of a Rule 83 or Rule 85 motion.
Please contact Randi S.Sirlin of SIRLIN LAW FIRM LLC, at 602-561-8107 or at [email protected] to speak to an experienced attorney regarding family law appeals and family law post-order motions and post-decree motions as soon as you receive a copy of the filing of the trial court’s Minute Entry or Decree. Calls are generally answered from 9:30am through 6:30pm, Mondays through Fridays and during the afternoon on weekends.