Michigan Divorce Appeal – Navigating the Michigan Court of Appeals: Sometimes a trial court does not make the right decision. A custody determination, property division or alimony award that is just wrong. What can you do? The answer is to request an appeal at the Michigan Court of Appeals.
Generally, decisions from “final orders” of a Michigan divorce court may be appealed to the court as a “matter of right”. An appeal by right means you have an absolute right to have the decision revisited by a panel of Judges at the Michigan Court of Appeals. A final order means that temporary or interim orders are not appealable. Neither are certain other post-judgment orders that do not affect child custody or fees.
Timing is important. In most cases, you only have 21 days after entry of the Michigan divorce Court’s order to file an appeal. This may be the same date as your court date (if the Judge signed an order at the time of the court date) or may be sometime later. The important date is the date the Judge signs its order.
If you miss the 21 days, you may still be able to file an Appeal but the Appeal is not an absolute right. Rather, the Appeal is by “leave of the Court”, which means the Court must agree to hear the case. However, most petitions to appeal by leave of the court are denied.
Filing an appeal does not stop or “stay” the trial court’s ruling. In simple terms, the Court’s order becomes binding on the parties unless overturned by the Michigan Court of Appeals or otherwise ordered by the trial court.
A Michigan divorce appeal can take months or years depending upon the issues being decided. Issues relating to the child custody move more quickly than property, fees or other disputes.
To file a Michigan divorce appeal by right, you begin by filing a “Claim of Appeal” within the 21 days after the final order of the trial court. You must also order a transcript from the trial court. Once the Appellate Court file is complete, the Michigan Court of Appeals will request that an appellate brief to be filed (typically within 56 days). The person responding to the brief must do so when ordered by the court (typically 35 days later).
When a trial court fails to properly administer justice, you have the remedy to take an appeal. We are ready to help.
About Findling Law
I have been exclusively practicing divorce and family law in Michigan for over two decades. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.
That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
We want to help you manage your situation. Let our exceptional legal team help you . . .
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By: Daniel Findling
OK so it sounds like you need to send that secadond docaduadment to DFAS (should read the Final Disadsoadluadtion of Maradriage), not the iniadtial one you sent in. It doesn’t sound like you will be entiadtled to a full 50% of his retrieadment pay but rather a fracadtion of that based on his time in seradvice, and the amount of time your maradriage overadlapped that. Rememadber though that any disadabiladity he is receivading CANNOT be taken into account when caladcuadlatading your poradtion since fedaderal law proadhibits divyading up disadabiladity payadments for anyadthing other then child supadport. If he is receivading 50% disadabiladity, that reduces his “retrieadment pay” by half, and thereby can reduce the amount of money you can expect to receive. You may not like lawyers but if DFAS doesn’t accept the final order, that is your only routea0left.