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Can someone file for appeal if he failed to file for objections within the 15 days time period after family court's ruling ?

Irwindale, CA |

I represented myself in my divorce case, the family court judge issued statement of decision to my favor but my ex-husband changed his lawyer 20 days after the statement of decision was issued. I heard that he only had 15 days to object to the judge's decision. Now that 20 days has passed can his new lawyer object or file for appeal ?

Attorney Answers 2


As to the Statement of Decision objections, that 15 day period is subject to a 5 day extension if the Statement of Decision was served by mail. In any event, that deadline can be extended by request or simply, sometimes, by filing the objections late and see if the judge considers them.
As for an appeal, the time for filing a notice of appeal is 60 days (not 15 days) from service of the judgment or order that is being appealed. The Statement of Decision is (usually) not the judgment or order itself. In any event, it does not appear that that time as run.
Finally, some advice: if your ex has an attorney, you need one too. If your ex can afford one but you cannot, you can often get an order that your ex pay for your attorney. I strongly recommend that you consult with a family law attorney now, and if there is an appeal, consult with an appellate attorney who handle family law cases. See

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Thank you so much for your comprehensive explanation. If it gets to that point for sure I will consult an appeals attorney. The question is that 22 days has passed since the statement of decision was issued and mailed out from the court. Even though the court's website shows that the substitution of attorney has been filed 18 days after the statement was issued; however, there is no information regarding filing a request for objections. So after 15 + 5 days can they still legally file objections and have it considered?

Herb Fox

Herb Fox


Yes, they can still file objections; the only question is whether the court will accept them because they are late. These deadlines can be flexible; it is up to the judge (although you certainly will want to object to the late filing if it occurs). But you may be worrying too much. Objections to statements of decision are usually technical in nature, and are mostly important for preserving or creating appeal issues about the sufficiency of the findings. Trial judges rarely actually change their decision because of objections, although as stated the objections, if accepted by the trial court, would become part of the record reviewed by the Court of Appeal.


You will have to wait and see. The change of attorney may affect the judges decision.

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