How long do i have to appeal a divorce decision? is there a time frame and are there any exceptions?

Asked almost 2 years ago - Topeka, KS

i am trying to appeal a divorce that was granted 04/20/2012 without me or any counsel present. i have gone through the disciplinary review process already and their findings were in favor of the judge.

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . I am sorry that you are going through this. It really depends upon what type of grounds you are appealing on, if you are appealing on fraud it may be a different time period that if you were appealing based upon another legal theory, please sit with a local attorney and go over the facts with him or her to decide what grounds to aver and what your time limits are. It woudl be too dangerous to go over that in an online forum. Take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Ronald W. Nelson

    Contributor Level 13

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    Lawyers agree

    Answered . Kansas statutes (KSA 60-258) provide that the entry of a judgment is subject to the specifications and requirements of KSA 60-254, which provides that no judgment is effective until a “journal entry” or “judgment form” is signed by the judge and filed with the court clerk. Because these statutes require that the judgment must be actually on file, the time to file an appeal does not begin to run (in civil cases) until that event occurs. When the “final” journal entry or judgment form is filed, then the time in which to file the Notice of Appeal begins to run.

    Kansas law provides that a Notice of Appeal must be filed within 30 days after the date on which the final journal entry or judgment form is filed. However, the filing of a “Motion for New Trial,” a “Motion to Alter or Amend Judgment,” a “Motion to Reconsider,” and certain other motions authorized by Kansas statutes may extend the time within which the Notice of Appeal must be filed. A complaint against the judge is not a notice of appeal and is not a motion to alter or amend. The Notice of Appeal is filed with the Clerk of the District Court. The filing of the Notice of Appeal is jurisdictional, so if the Notice of Appeal is not filed within this time, the appellate courts will not consider the appeal timely and the appeal will be dismissed.

    You should talk with a local family law appeals lawyer who can review your situation and make recommendations on what -- if anything -- you can do.

    This response does not constitute legal advice and does not create an attorney-client relationship. I am licensed... more
  3. Daniel Seth Williams

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . They vary State by State, so I defer to my excellent colleague in Kansas.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Appealing a Divorce

A divorce appeal is not meant to allow you to re-argue a divorce. Instead, it is meant to address alleged errors on the part of the judge.

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