Can Michigan Family Court Divorce Orders Be Appealed?

 Posted on August 29,2024 in Divorce

Divorce is tough on all those involved. With so much at stake, you may wonder whether the judge’s final order on asset division, child support, spousal support, or child custody is actually "final." Michigan does allow appeals on a family court decision, although the specific issues surrounding potential appeals are important.   

It is important to differentiate between appeals and modifications. Modifications are common and are made after the divorce is final, when one spouse’s circumstances have changed significantly, and a change in spousal support, child support, or child custody is necessary.  An appeal usually argues that the court made a mistake when applying the law, thus challenging the legal validity of the original judgment.

Family court appeals are rare. Not only are there very specific rules and deadlines for an appeal, but there is also a high bar for appeal success. There are additional issues that can provide grounds for an appeal, discussed below, but your best course of action is to discuss the matter with your Novi, MI divorce attorney from Elkouri Heath, PLC as quickly as possible.  

What Are Appealable Family Court Decisions?

The Court of Appeals does not hear cases from scratch and issue new decisions; rather, it allows certain decisions made by family court judges to be challenged. If it is believed that the family court improperly handled evidence or allowed evidence into the case that should not have been allowed, an appeal may be made. Other issues that can potentially be appealed include:

• There were insufficient factual findings.
• The awarded child support or spousal support does not conform to state ranges or norms.
• Decisions were made without carefully considering the evidence.
• Sufficient legal conclusions were not drawn.

If the subject of the appeal is the division of marital assets, the reasons to appeal could include any procedural errors made during the proceedings that could have impacted the outcome. Misinterpretation of spousal asset division statutes could be a reason for appeal. If one spouse did not receive proper notice of the hearings, was not allowed to present crucial evidence, or if the judge clearly indicated bias toward one party, then an appeal is possible.

Intentionally concealing assets, committing fraud, or lying under oath during settlement negotiations can be grounds for appeal. Other potential grounds for appealing an asset division decision would be if one spouse were coerced, threatened, or pressured into agreeing to unfavorable terms. When a higher court appeal is requested, the court will review the hearing transcripts, examine the evidence, and determine whether the judge’s rulings followed the law.

What Decisions Can the Appeals Court Make?

The appeals court may agree that the lower court made an error while determining the error was inconsequential. The appeals court can agree that the lower court made an error while asserting the error did not substantially affect the outcome of the issue. The appeals court may agree with only some of the arguments but not all.

If the appeals court fully upholds the lower court’s judgment, then the appeal is lost. Submitting an appeal does not guarantee the Appeals Court will accept the appeal for review, so the manner in which it is presented is crucial. An appeal requires that a legal brief detailing your reasons for appeal be submitted within 21 days of the original ruling.

Contact an Oakland County, MI Divorce Attorney to Discuss a Potential Appeal

Filing an appeal is a process that requires money, time, and effort. Your Northville, WI divorce attorney will require a full set of transcripts from the lower court to prepare the brief. A reliable legal team is vital for a successful appeal. When you choose Elkouri Heath, PLC, you will benefit from a team of attorneys who have been serving clients throughout southeastern Michigan for more than 23 years. Our attorneys recognize the many emotional challenges inherent to divorce and family law matters, so we provide our clients with compassionate, customized representation. Contact Elkouri Heath, PLC at 248-344-9700 to schedule your free consultation.