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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101576
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had a final divorce hearing and after the hearing a motion

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I had a final divorce hearing and after the hearing a motion was filed to reconsider. At the reconsideration hearing the requests were again denied. This has been a horrible divorce and I have not had one thing in my favor. Not even a lawyer two defend me as he should have. I have spent $20,000 in legal fees. But my question is this. I want to appeal the judges decision on the motion to reconsider. Only because I want to buy time. Filing complaints with the Bar on attorneys and the appropriate channel on the judge (ouch nothing against attorneys I've just had really bad luck) I want to buy time to keep case going so that I can get complaints in and hopefully get something retried under special circumstances.
Can you please tell me what I can file to make this happen? I am doing this alone and just want to keep things rolling.Warm regards
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me what state this is in?

Customer: replied 10 months ago.
WV
Expert:  Ely replied 10 months ago.

Thank you. Your divorce was heard in Circuit Court then, correct?

Customer: replied 10 months ago.
No it was denied so she was supposed to go to Supreme Court but deadline was missed. So the attorney filed a motion for reconsideration on final hearing. Then at this hearing it was denied. So now she wants to do something to keep things open until she can gets complaints filed in hopes of a retrial for special circumstances.
Expert:  Ely replied 10 months ago.

Thank you. Please find a step by step guide on how to appeal HERE. Note that you only have 30 days to do on the motion from the time the motion was decided.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 10 months ago.
But the circuit judge did not here case she went back before the same family judge on motion. Is this the correct guide? Just making sure.
Expert:  Ely replied 10 months ago.

As long as the motion for reconsideration was heard in CIRCUIT COURT (and it sounds like it was), then this would be the correct guide as this is the guide to appeal from circuit court to the next level.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 10 months ago.
what can be done if it was heard in front of same family judge and not circuit judge? Do you appeal to circuit judge? It wasn't heard in front of circuit judge. The attorney tried to get the circuit judge to allow a retrial and he denied. Then supreme deadline was missed and motion to reconsider final order went before family judge.
Expert:  Ely replied 10 months ago.

Okay, wait. Let us step back.

What court was your Motion for Reconsideration heard in, originally?

Family Court OR Circuit Court?

Customer: replied 10 months ago.
Family court, she has only been able to go in front of family court.
Expert:  Ely replied 10 months ago.

Thank you. Okay. I am changing my answer. Thank you for your patience. Please find instructions and forms for appeal from FAMILY COURT to Circuit Court:

http://www.courtswv.gov/lower-courts/family-forms/FCA_Inst.pdf

http://www.courtswv.gov/lower-courts/family-forms/FCA_Form1.pdf

http://www.courtswv.gov/lower-courts/family-forms/FCA_Form2.pdf

Thank you again for your patience.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 10 months ago.
Ok, since the judge didn't rule in her favor on the motion to reconsider the final order hearing. The next step to keep things open and rolling would be to appeal to the circuit judge? Then while this process is in motion it will buy her time to get complaints filed in order to hopefully get a retrial under special circumstances? I'm just clarifying. Thank you
Customer: replied 10 months ago.
I didn't realize you could appeal to circuit court based on family judges decision on a motion to reconsider final divorce hearing.
Expert:  Ely replied 10 months ago.
Wait a second.
You mean mean it was SHE that filed a motion to reconsider, and was denied?
Or you filed it, and you were denied?
Customer: replied 10 months ago.
After the deadline for Supreme Court was missed. The attorney went back before the family judge for a motion to reconsider final hearing order. (Since circuit judge denied and supreme deadline was missed) at the hearing for the motion to reconsider final hearing nothing changed. So she wants to file something herself pro se to keep things open to get complaints filed in hopes for special consideration retrial. It's been unbelievable what she has gone thru in the court system. I have never seen something so unethical in my life. So sad.
Expert:  Ely replied 10 months ago.

Okay. We may have miscommunicated here from the beginning.

If the other party is the one that is filing the motion to reconsider, and it has filed, then you have no recourse to keep the case going since her motion to reconsider was denied in your favor.

Customer: replied 10 months ago.
I'm sorry it's confusing to me. But that's what happened and I just want to know what she can do.
The other party never filed anything. Since she was the one that didn't receive equitable distribution she appealed the decision to Circuit judge it was denied and then deadline was missed for SC so her attorney filed motion to reconsider the final order. So what can she do?
Customer: replied 10 months ago.
The motion was for a place to live and no alimony and her circumstance changed since final hearing
Expert:  Ely replied 10 months ago.

Got it.

If/once the motion to reconsider is denied, and since the appeal deadline to the circuit court is missed, then there is nothing else she could do.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 10 months ago.
The appeal to circuit court should be 30 days right? She's still under the 30 days. But my question is who does she appeal the family judges decision on the motion to reconsider alimony and a place to live considering her circumstance change. Who does she file appeal with if she can?
Expert:  Ely replied 10 months ago.
30 days.
who does she appeal the family judges decision on the motion to reconsider alimony and a place to live considering her circumstance change. Who does she file appeal with if she can?
The original motion to reconsider is filed with the FAMILY COURT. If it is denied, she can appeal the motion to reconsider to the CIRCUIT COURT, if she does so timely.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 10 months ago.
Ok so the link you sent first is the appropriate process considering this situation?
Customer: replied 10 months ago.
Or does she need something in regards ***** ***** judge decision that she appeals to circuit judge
Expert:  Ely replied 10 months ago.

To be honest, I think we confused each other. To be absolutely, sure, I need a breakdown of what happened and who did what. Example:

1) Judgment

2) SHE misses appeal deadline.

3) SHE files motion for reconsideration. It fails.

4) What are her options now?

OR

1) Judgment

2) She appeals

3) Circuit Court upholds Family Court's decision

4) She files motion for reconsideration

Etc.

Customer: replied 10 months ago.
It's the second which she had to because SC deadline was missed.1) Final Divorce Hearing Judgement
2) Appeals to Circuit Judge
3) Circuit Judge upheld Family Judges decision.
4) Deadline for Supreme Court missed
5) Motion filed for reconsideration of final divorce hearing based on circumstance change. For alimony and a place to live.
6) Motion hearing for reconsideration requests from Family Judge denied.She wants to get appeal filed she needs to know who to file with and what court. So she can buy some time to get complaints filed and hope for special circumstances retrial.
Expert:  Ely replied 10 months ago.

No. This is not what I asked (or rather not all of it). I need you to put in WHO did this. You or her. Each number. Thanks!

Customer: replied 10 months ago.
Sorry I am writing this on her behalf. I realize I changed from I to her and I apologize. Im trying to help her.
This was her divorce and she was represented by attorneys.1) her divorce represented by attorney on her behalf
2) her attorney appealed to circuit judge on her behalf
3) her attorney went before CJ on her behalf asking to get retrial he upheld judges decision.
4)attorney missed deadline to Supreme Court on her behalf
5)attorney filed motion for reconsideration due to circumstance change on her behalf
6) family court judge upheld her original decision.I hope this helps
Since she's had no luck and spent $20,000 in legal fees she wants to file something to keep things going to buy time for complaints in hopes of getting retrial under special circumstances. This was a million dollar divorce and she got absolutely nothing after 28 years of marriage and is now chronically ill and isn't working and is sleeping on a friends couch. It's very sad to say the least.
Expert:  Ely replied 10 months ago.

Thank you.

She has missed the appeal deadline. The motion for reconsideration itself may be appealed from the Family Court to the Circuit Court:

http://www.courtswv.gov/lower-courts/family-forms/FCA_Inst.pdf

http://www.courtswv.gov/lower-courts/family-forms/FCA_Form1.pdf

http://www.courtswv.gov/lower-courts/family-forms/FCA_Form2.pdf

.... but chances of it being successful are slim.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 10 months ago.
She has missed the deadline? I thought it was 30 days to appeal to circuit judge? So your saying she has no recourse to keeping things open to file complaints and hope for special circumstances retrial?
Or are you saying she can still appeal to circuit judge on the motion decision? That may help at least if she appeals then it can buy her some time.
Customer: replied 10 months ago.
The form you sent she has already appealed the final order. I'm getting confused now.
Expert:  Ely replied 10 months ago.

Sorry, I feel that this may not be helping you. Perhaps we got confused when you were using "you" instead of "her," and/or we got confused with the court, or who knows where. But I feel it is best that I opt out and you have a fresh set of eyes from another expert review and comment on this.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck.

Customer: replied 10 months ago.
Ok I understand sorry about the confusion.

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