Legal Question in Family Law in California
Divorce Finalized can either party Apeal
My divorce was final in November 2006 and the ex requested more money after the divorce was final and I said no. A threat of appeal was thrown at me... Can an appeal happen just because the other wants more money?
2 Answers from Attorneys
Re: Divorce Finalized can either party Apeal
He can threaten you in order to obtain with threats what an appellate court would never give him. I need a
bit more information to advise you properly.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Divorce Finalized can either party Apeal
Your ex has up to 60 days from date of notice of entry of judgment to file a notice of appeal and up to 2 years to file a motion to modify or set aside the judgment. If the judgment was entered by default, he has up to 6 months to set is aside. Now to your question. Hmm, can an appeal happen just because the other side wants more money. I would say that most of the time if not always, in non-criminal matters, an appeal is filed because someone wants more money than someone else wants to give them. So the answer would be an obvious yes. The grounds and remedies available on appeal are vast. But wanting more money is not, by itself, a recognized legal ground for an appeal. So, your ex would have to say that his grounds for an appeal are that he wants more money and something else, like correction of a judge's mistake. Your ex, can, however, file a Notice of Appeal without having to state the grounds. He would have to state the grounds in his opening brief which is not due until sveral weeks later. It will probably cost your ex a minimum of a $10,000 retainer for a competent attorney to take on his appeal. So, he must have been cheated out of a lot of money.