A divorce decree, or the final judgement in a divorce proceeding, states important terms for issues such as property distribution, child custody, child support, and alimony payments. The right to appeal your judgment is governed entirely by statute in California.
If you file an appeal, jurisdiction is turned over to the appellate court, except for appeals on matters such as custody and child support, where the trial court still maintains jurisdiction.
If you do not file a notice of appeal within the time constraints, you may waive your right to appeal.
Once your judgement is final, you must file a notice of appeal within one of a few time frames:
- 180 days after the the date of entry of the judgment
- 60 days after the appellant serves or is served with a “Notice of Entry,” or a file stamped copy of the judgement accompanied by a proof of service. A notice of Entry of judgement is a form that must be submitted along with the judgment, which a clerk mails to each attorney after the judgement is approved.
- 60 days after you receive a file stamped copy of the judgement showing the date was mailed, or after you receive “Notice of Entry” of judgement from the court.
If you need to extend the deadline, you may be able to file a motion for a new trial, or a motion to vacate the judgement. A motion for a new trial needs to be filed on time, and the new trial grounds need to be clearly stated and served to the other party in a timely manner.
A motion for a new trial can extend your appeal time until a few different deadlines, including:
- 30 days after denial of the motion by operation of law
- 30 days after the clerk mails an order denying the motion, or a Notice of Entry
- 180 days after the entry of judgement.
You also have the option to file a motion to vacate judgement, meaning enter a new judgement. If you choose this option, the time to file an appeal can be extended until earlier than:
- 30 days after the clerk mails an order denying the motion or Notice of Entry
- 90 days after the first notice of intention to move, or motion to vacate is filed
- 180 days after the entry of judgement
Once a notice of appeal is filed, the court does not have jurisdiction to vacate judgement. A motion to vacate must be determined before filing a notice of appeal. Also, if the court amends a judgement before the appeal period expires, then the file period for an appeal runs from the amended judgement’s notice of entry.
A new appeal period begins if the original judgement is reinstated, which begins on the date the court declares the amended judgement void.
Filing a notice of appeal can be a difficult process, so it is recommended that you consult with your family law attorney to help you out. Having an experienced family law and divorce attorney, knowledgeable in appealing divorce judgements
