My divorce was finalized in Nov of 2012. My ex spouse filed a notice of appeal in July of 2013. The appeals court dismissed her appeal in October 2013, due to it being untimely. As the notice of appeal was filed past the 30 day time limit. My ex spouse filed a Motion for Reconsideration of the dismissed appeal. I received a letter from the appeals court requesting me to file a reply to the motion for reconsideration. What are the chances that the court of appeals division 1 would affirm the motion for reconsideration filed by my ex spouse? My thoughts are that the law is the law, if my ex spouse only has 30 days to file an appeal and has not been granted an extension then the courts should follow the law on the time limit. Any advice?
I am not familiar with your court and my appellate practice has involved very little divorce work, but my thought is that if the court has asked you to respond it is taking the motion seriously and you will need a much better and more case-specific answer than what you have proposed. A showing of prejudice to you resulting from the additional delay would be ideal. A rant directed at your ex would be counterproductive and might increase the probability of his motion being granted. It would be worth turning to an attorney familiar with divorce practice on appeal in your state.
If you've been asked to respond to the motion, then you must of course do so. Outside extraordinary circumstances, I would expect an appeal filed several months after a final order to be easily dismissed. But I would need to know so much more to provide a better assessment.
A qualified and experienced family law attorney can of course assist you in getting where you need to be. Most of us offer free, 1/2 hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss any further procedural or substantive matters.
In CA a defendant has 60 days after judgment to file. Why do I mention that? Because if the court is approached with the correct facts, it will permit the appeal. In short, Mr. Sach's recommendation is very astute. Suggest strongly that you obtain counsel. And not reply as you have suggested.
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.
Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.
Written by attorney Todd Cole
You've made one of the hardest decisions of your life --- to file for divorce. You are probably feeling sad, angry, and a little confused. What steps should you take? How should you... more