An appeal is limited to some significant error that occurred during trial. If you believe there was an error of fact or law or an abuse of discretion by the judge, then the appellate process begins with a notice of appeal to the other side.
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There are strict procedures and deadlines about filing and serving such a notice. Failure to follow your state and county procedures could result in losing your right to an appeal. Once the notice of appeal has been filed with the court and served on all parties, the Record on Appeal must be prepared.
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The Record consists of the court reporter's trial transcript and the clerk's record. The clerk's record is all of the documents, papers, pleadings, and other written material that were filed with the court, plus any exhibits and documents that were introduced at trial. The court reporter's transcript is a typewritten booklet that contains everything that was said in court in the presence of a court reporter. Typically, all of the testimony by witnesses, attorney arguments, and statements by the judge or parties. The main form of argument on appeal is the written appellate "brief ," filed by counsel for each party.
How to Remove an Ex-Spouse from a Deed
A brief is a document containing a legal argument, supported with reference to applicable case law, statutes, the reporter's transcript, and documents in the clerk's record. The lawyers for the parties submit their briefs to the appeals court and they may be granted the opportunity to make oral arguments. If an oral argument is granted, it will typically be for no more than 15 or 30 minutes for each side to present its argument. No witnesses will be presented and no new evidence will be considered.
Once the appellate court has the Record on Appeal, the Appellate Brief, and has taken any oral argument that it desires, it will make a ruling. The time varies from state to state, but thirty to sixty days after the court has a complete record is typical for a decision to be reached.
The appellate decision most likely will uphold the trial court's decision. However, if they don't do so, the case will be sent back to the trial court to either modify the decision or to conduct a new trial. The appeals process is expensive and may not provide the results you are seeking. However, a modification is far less expensive and is the best way to change certain aspects of the divorce decree -- including property division, spousal support alimony , child support, child custody arrangements, and visitation.
How to Remove an Ex-Spouse from a Deed After Divorce
A request for a change is made by filing a "motion to modify" the divorce decree or judgment. This motion is usually filed with the same court where the divorce judgment was issued. Many states provide forms, check with your local state and county courts to see if they are available. When drafting your motion to modify you must demonstrate changed circumstances that make a change warranted.
For instance, loss of a job or a promotion can be grounds for modifying spousal or child support. Each state has its own rules about the modification process and the proof that is necessary for the modification to succeed.
Modifying child custody can be done, but it is difficult. The spouse acquiring the property opposed the creditors claim submitting that the former owner was no longer owner of the half share of the property and that full individual ownership of the property had passed when the divorce order was granted some three years ago. Alternatively, that the personal right to full ownership preceded the creditors claim.
The creditors claim was preceded by the personal right in favour of the spouse acquiring the property. This case has settled that transfer of property which has been alienated in terms of divorce order does not immediately pass to the spouse acquiring it. For ownership of the property to pass, it is a pre-requisite that the title deed be endorsed by the Registrar of Deeds. The only defence available to the spouse acquiring the property would be to prove that the personal right to individual full ownership of the property preceded the creditors claim. Situations of creditors seeking to declare especially executable the half share of property acquired through a divorce order must be avoided.
Immediately upon the granting of the divorce order, it is advisable to make an application for the endorsement of the title deed so as to reflect the spouse acquiring the property as the full owner of the property. Should the spouse acquiring the property fail to have the title deed endorsed immediately upon the granting of the divorce order, their right to full ownership of the property will run the risk of a creditor acquiring a half share in the property. Skip to content. You may also be interested in:.