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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30374
Experience:  Attorney with experience in family law.
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I have been going through divorce from trial date of April

Customer Question

I have been going through divorce from trial date of April 3, 2014 and a last supplemental judgment was entered on 01-26-2016. I wanted to appeal the whole divorce and I did not know you only have 30 days between judgment orders, but I also understand you cant file until case is concluded. How to I file an amended Appeal that includes the entire divorce trial and all?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There is unfortunately no ability to appeal a divorce after the 30 day appeal period had passed. You arguably could have filed within 30 days of when the supplemental judgment was filed, but you're past that time now. They unfortunately are not able to make an exception if you didn't know. These are firm limits. Not being aware of a law is not an excuse for not following it.

You do have the option of filing a Motion for Relief from Order, which goes back to the trial court judge and asks him to reconsider the decision. Oregon R. Civ. P. 71. Possible grounds are mistake or excusable neglect, newly discovered evidence, a typo or clerical error in the judgment, or fraud by the other party. That motion must be filed within one year after you're notified of the judgment. You could use that to challenge the supplemental judgment from January 26. These motions are fact specific and they can be complicated. It's a good idea to see if a local attorney can write one for you after reviewing all the facts of your case.

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Customer: replied 1 year ago.
beings I filed an appeal for the 01/26/2016 can I still make my arguments for the divorce?
Expert:  Lucy, Esq. replied 1 year ago.

If you filed an appeal that day, yes. You should get something from the Court of Appeals telling you when your written arguments are due. It can take time for the trial court to assemble all the documentation and send it to the Appeals Court, but they'll send you a schedule when it's done.