Legal Question in Family Law in Maine
divorce
I recently filed a motion for a stay of Alimonybecause of the fact i was laid off from my job. Being disabled with Arthritus i am limited to what i can physically do. I am on Social Security and that is my only income. I ask for a stay until i get back to work but during the 5 months waiting for the court to decide i became ill and eventually had a Pacemaker inplanted to help regulate my heart. At going on 66 i think it may be hard to find employment. I got the Judgement today and the reduced the Alimony some but i am still not able to comply do to other financial responsibilities. Do i have a right to appeal?
1 Answer from Attorneys
Re: divorce
Possibly. It really depends on the facts the court used to arrive at the new alimony amount. Generally speaking, without knowing the specific details of your case, anyone has the right to appeal a final judgment. Depending on the nature of the case, the appeal period is usually 21 days from the date the judgment was docketed.
It is sometimes prudent, however, to ask the presiding judge to reconsider the judgment instead of appealing to the Maine Supreme Court. Maine does not have, as many states do, true appellate courts. Most appeals go directly to our Supreme Court. Motions to Reconsider must generally be filed within 10 days from the date the judgment was docketed, and, if filed timely, will stay the deadline to file an appeal until the motion has been acted upon.
Whether or not you have the grounds to appeal and/or ask the court to reconsider depends on the specific facts of your case and the specific language in the final judgment.
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