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Decree & Finality of Judgment

Quick Facts

An appeal may be made after the decree & judgment is filed.
If an appeal does not challenge grounds of divorce, then the divorce stands.
Cases may be reopened in some circumstances.

Appealing a Decree of Dissolution

A decree of dissolution of marriage or of legal separation is final when entered into the court's file, although the decree is subject to the right of appeal. When the decree is entered, the findings of fact and conclusions of law may constitute the judgment and decree.

An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the decree that dissolves the marriage beyond the time for appealing from that provision.

A party may remarry before the time for appeal has run if the parties did not contest that the marriage is irretrievably broken or if a stipulation that the marriage is irretrievably broken is incorporated in the decree of dissolution.

Urgency in Appeals

If an appeal is not timely made, then you may lose your ability to appeal forever. If you did not have a lawyer to represent you at trial or in the initial proceedings, then you can still hire a lawyer to assist you with an appeal. If you had difficulty with your previous attorney, then you have the right to hire a different attorney to handle your appeal.

Reopen a Case

In some circumstances, a party may obtain relief from a disfavorable decree and judgment, order, or other proceeding by reopening a case by motion of a party and approval of the court.