Legal Question in Family Law in Colorado

Re: divorce bifircation appeal

It depends on the facts that were misrepresented, and how they were misrepresented. If the lawyer made the statements in an opening or closing argument, they would probably not be grounds for appeal, as such statements are not evidence. The Judge is to base his or her decision on the evidence presented, and not what the attorneys say in argument.

If the situation is one where the Judge asked the attorney a question, and the attorney answered the Judge incorrectly, it might be appealable, but it just depends on the circumstances.

Your best bet would be to review the situation with a different attorney to see if you have any grounds for appeal. Because there are strict timelines that must be complied with, it's important to get this checked out as soon as possible.

Christine C. Nierenz, Esq.