Minnesota family courts handle cases like divorce, child custody, child support and spousal maintenance. If you believe these courts made an error in a family law decision, you have the right to appeal that decision.
You do not have to accept a decision that you think is unfair or legally incorrect without advocating for yourself. Choosing to appeal lets you challenge the decision while still following the legal framework.
Filing an appeal
To start the appeals process, you must file a notice of appeal with the Minnesota Court of Appeals. This must happen within 60 days after the final decision in the family law case. The appeal is not a new trial but a review of the original case to determine if legal mistakes occurred. The appellate court will examine the evidence and the judge’s application of the law in the initial trial.
Knowing when to appeal
You might choose to appeal if it seems as though the judge misinterpreted the law, relied on incorrect facts or made a decision unsupported by the evidence presented. The appellate court will review the trial record to see if these types of errors affected the final outcome.
Understanding the appeals process
The appeals process requires presenting legal arguments through written briefs and sometimes oral arguments before the appellate judges. After reviewing the case, the Minnesota Court of Appeals can either affirm the original decision, reverse it or send it back to the lower court for further proceedings.
Appealing a family law decision can take several months, and the appellate court will not modify the lower court’s ruling unless they find a clear legal error. Keep in mind that filing an appeal does not automatically pause the enforcement of the original ruling. Any court orders, such as child support or custody arrangements, remain in effect during the appeals process unless the court grants a stay on those orders.
Choosing to appeal a decision can empower you to pursue a favorable outcome in your family law matter. Appealing could increase the duration and stress of your case, however. Each case is unique, so it is important to carefully consider whether filing an appeal is the right choice in your specific situation.
