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

Asked about 1 year ago - 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)

  1. Herb Fox

    Contributor Level 16

    8

    Lawyers agree

    Answered . 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 www.CaliforniaFamilyAppeals.com

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  2. Stephen Ross Cohen

    Contributor Level 20

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

    My name is Stephen R. Cohen and have practiced 39+ yrs. I practice in Los Angeles and Orange County, CA. I give... more

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