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Court of Appeals

Shelbyville, KY |

In the state of Kentucky, how long do you have to file an appeal against a ruling made in Family (divorce) court? Also, what if there was a post-judgment motion filed by one party to reverse the judgment? Does this cause an extension for the appeal? Please help!

The judge ruled that the divorce was final, and then the next day, the ex-wife's attorney filed a motion that the ruling was unfair and requested that it be overturned. The ruling stood. Now, (40 days after the original final ruling, and 10 days after the court date for the motion), the ex-wife is threatening to take the husband to the court of appeals. I hope this is clear enough. Sorry, I don't know the exact lingo!

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Attorney answers 1


You may appeal any final order. You may not automatically appeal any ruling. So, the time limit to appeal depends first upon whether the appeal is from a final order or not. Check that first. Your post does not address that detail.

A post-judgment motion may challenge the judgment on a variety of grounds. If the post-judgment motion was properly and timely filed, then until it is decided there is no final order. Check that second. Does the motion address all facets of the judgment? Your post does not address that detail.

An extension for the appeal clock depends on whether an appeal is pending. Deadlines are very strict. A notice of appeal is needed to start the appeal so the Court of Appeals has jurisdiction. Once that happens a motion to extend the appeal deadlines can be made, but not until. Check that third. Your post suggests no appeal is pending but your question raised questions you post does not address in that regard.

You better get an appellate attorney. It is too difficult to try to do an appeal in your commonwealth alone. I have done them in Lexington and speak from experience. Hire and consult with a KY attorney. Many factors will come into play about whether you have any appealable issue to file a "Notice of Appeal" and when to file it.

You might read my Legal Guide "Questions to Consider Before Bringing an Appeal "

Get a lawyer right away because appeal deadlines are strict. If you miss one your rights can be compromised or lost.

You might read my Legal Guide "Can An Attorney Really Help?"

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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