Where to appeal after appellate division OPINION affirming the wrong and illegal UD act which is NOT UD issue at all, bit it is

Asked over 1 year ago - Fremont, CA

enforcement of federal contract affidavit of support i-864 as part of illegal divorce when EVERYTHING WAS STOLEN FROM ME SINCE 1992. DIV JUDGMENT OBTAINED BY ACTUAL FRAUD, PERJURY BY DEFENDANT AND DURESS AND MUST BE DISMISSED UNDER CAL FAM CODE SECTION 2122. I am entitled attorney's fees and costs to be paid by my ex - husband. We will seek attorney's fees to be paid by him.

Attorney answers (3)

  1. Timothy A. Provis

    Contributor Level 15

    3

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    Best Answer
    chosen by asker

    Answered . Dear ?,

    There is no appeal of right from a decision of the appellate division. In very rare cases, the court of appeal will order an appellate division decision transferred to it for review. You must first file an application for certification for transfer in the appellate division no later than 15 days after its decision is filed. See California Rule of Court 8.1005. If the appellate division denies the application, then you may petition the court of appeal for transfer if you file your petition no later than 15 days after the appellate division decision is final as to that court. See California Rule of Court 8.1006. In your petition you must convince the court of appeal that "transfer is necessary to secure uniformity of decision or to settle an important question of law."
    The application and the petition are not something you should attempt without counsel. Even experienced appeal lawyers are unfamiliar with this path to relief. But you may be able to find counsel to assist you by clicking on Find a Lawyer at the top of this page.

  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I believe this post has appeared before. It was unintelligible then and remains so. Since you have not asked a question but merely stated your opinion of the facts I say: Go for it! Sounds like a winner to me. Good luck. You will need it. Lots of it.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Shawn Michael Haggerty

    Contributor Level 15

    Answered . You will be best served seeking assisatance fro a womwens shelter that can refer you to the appropriate mental health agency.

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