Michigan Family Law Appeals

Are you considering an appeal for your Michigan family law case? The Michigan family law appellate lawyers at Kraayeveld Family Law can help.

With more than three decades in family law, we’ve established a reputation throughout the Wolverine State as an outstanding force in the field. We have extensive experience fighting for our clients in court and securing excellent results. Our opponents and colleagues, as well as the judges we’ve argued before, know the kind of determination and tenacity we bring.

More importantly, our lawyers offer individualized attention to every case we handle. We understand how hard things can be in matters involving divorce, children, high net worth assets, and parental alienation. Having to wait for answers makes things even more difficult. That’s why our attorneys and legal team make it a priority to promptly respond when you contact us. Our one-business-day guarantee means you’ll always be in the loop about your family law appeals case.

Take the first step toward addressing your appeal with confidence. Contact Kraayeveld Family Law today to set up a consultation.

Why You Need an Attorney to Appeal Your Family Law Matter

Appealing a family law case in Michigan is a complex process that requires specific legal knowledge and skills. An attorney can handle the detailed steps of the appeals process, meeting all relevant deadlines and filing the correct paperwork every step of the way. Family law attorneys understand the legal standards that the Michigan Court of Appeals and Michigan Supreme Court use to review cases, which is essential for presenting an appeal effectively.

Additionally, an attorney can craft persuasive arguments and prepare the necessary briefs and documents to support your case. They can also represent you in court, speaking on your behalf during oral arguments and responding to judges’ questions. Without a lawyer, you might miss critical legal nuances or opportunities to make your case stronger, which could reduce your chances of a successful appeal. Hiring an attorney significantly maximizes your chances of a favorable outcome.

Are There Mistakes a Judge Could Have Made That Would Necessitate an Appeal?

When a judge issues a decision in a family law case, they could make certain errors that might lead to an appeal. The following are some possible reasons to file a family law appeal after a mistake by a judge:

Misinterpreting the law
Failing to consider important evidence
Allowing inadmissible evidence
Applying the wrong legal standards
Making factual errors in a judgment
Incorrectly calculating child or spousal support
Overlooking the terms of prenuptial or postnuptial agreements
Failing to follow proper legal procedures
Making an incorrect ruling on a motion or objection

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Client Reviews

I would highly recommend Kraayeveld Family Law for any family law needs. Jim and his staff are highly skilled at what they do. You can be sure that the attorneys at Kraayeveld Family Law are prepared to dig in and fight for you. You can tell that Courtney is very passionate about her job. She does not shy away from a battle, and you can tell she cares deeply about her clients.

- Shane on Google Review

I highly recommend Kraayeveld Family Law to anyone needing a family law attorney. The attorneys and staff fight hard to get the best possible outcome for your individual case. They are honest, trustworthy, and experienced, focusing solely on family law. I always know I am getting the best advice from attorneys Courtney Sierra and Jim Kraayeveld, and couldn’t imagine working with any other law firm. You will feel better knowing you have Kraayeveld Family Law in your corner.

- Wes on Google Review

Kraayeveld Family Law were extremely helpful! Jordan was working with me and my child time case. He was helpful, nice and responsive. He is very knowledgeable and explained information and the steps thoroughly.

- Jake on Google Review

Professionalism, Integrity and Rigor are a few words that best describe Kraayeveld Family Law. Jim is kind and hard working and gets the job done. I trust them to know their stuff.

- James on Google Review

The services that Kraayeveld Family Law are one of the best everyone who helped me there had a smile on their face, they also where very professional and right to the point they got everything resolved in a very timely manner i would highly recommend them.

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What Are Common Family Law Issues That Would Warrant an Appeal?

Several family law issues often lead to appeals due to their complexity and impact on the parties involved. Common examples of issues that could warrant an appeal include the following:

Divorce

You might have a divorce appeal if you believe the court made significant errors in its decisions or failed to apply the law correctly.

Child Custody

Appeals in custody cases typically occur when a parent argues that the court did not consider all relevant factors or misapplied the law with respect to the child’s best interests.

Spousal Support (Alimony)

Disagreements over the amount or duration of spousal support often lead to appeals, especially if one party believes the court’s decision was unfair or based on incorrect information.

Division of Assets or Debts

Appeals can arise from decisions on the division of assets or debts, particularly if the split is inequitable or based on erroneous valuations.

Valuation and Characterization of Property

You might appeal if there’s a dispute over how the court assigned values to your property or classified the marital and separate property.

Enforceability of Prenuptial and Postnuptial Agreements

If a court finds a prenuptial or postnuptial agreement unenforceable, you might appeal the decision, especially if it significantly affects the outcome of your divorce proceedings. This often applies in later-in-life second marriages and especially high net worth divorce cases.

Parental Alienation

There are instances where one parent continually attempts to turn the child against the other. The parent being accused of alienating the child could file an appeal for amended parenting time and, sometimes, full custody.

What Is the Appeals Process for Michigan Family Law Cases?

To start an appeal in a family law case in Michigan, you must first decide which type of appeal to file: an appeal by right or an appeal by leave. If the law grants you the right to appeal a “final order” from the circuit court, you may file an appeal by right. If you do not have a direct right to appeal under the law, you must file an application for leave to appeal. This requires submitting a brief at the start of the process and asking the Court of Appeals for permission to proceed with your appeal. If the court accepts your claim or application, the next steps involve the following.

Filing the Correct Application or Paperwork

Once you have identified the type of appeal you are eligible for, you need to gather and file the appropriate documents:

For an Appeal by Right – You must file your completed claim of appeal, a copy of the order you are appealing, the register of actions, order for transcripts from the original hearing, proof of service for other parties, and a docketing statement. You must also submit the appropriate filing fees.
For an Appeal by Leave – Your initial submission will include an application for leave to appeal formatted as a brief, a copy of the order you are appealing, the register of actions, transcripts, proof of service, and the tribunal record. You must also submit any relevant filing fees.

Receiving a Docket Number

After submitting your appeal documents, the Court of Appeals will assign a docket number to your case. The court will notify you of this number within a few days of your filing.

Awaiting Initial Review by the Court

The court staff will quickly review your submission to ensure all required documents are present and determine whether the Court of Appeals has jurisdiction over your appeal. If documents are missing or there are jurisdictional issues, the court will inform you, and you will have 21 days to address these issues. Failing to do so could lead to the dismissal of your appeal.

Producing Transcripts

Once the court confirms that all documents are in order and it has jurisdiction, the next step involves obtaining the transcript from the lower court proceedings. You are responsible for ordering the transcript and ensuring the court reporter files the necessary forms with the Court of Appeals.

Briefing

In this critical phase, both you (the appellant) and the opposing party (the appellee) present your arguments in writing through briefs. After you file your brief, the appellee may also submit a response, to which you can reply.

Participating in Oral Arguments and Awaiting the Court’s Decision

After the briefing, the court may schedule your case for oral argument before a panel of three judges. This is your opportunity to discuss the points you raised in your brief directly with the judges. Following the oral argument, the court will issue a decision in the form of a written opinion.

What Are the Appeal Deadlines in Michigan Family Cases?

For most civil cases, including family law matters, you must file a claim of appeal within 21 days of the court’s final order. Similarly, if you need to file an application for leave to appeal, you must do so within 21 days from the date of the order you are challenging unless you file a delayed application for leave to appeal.

If you have filed a motion for reconsideration or other relief in the trial court during this 21-day period, the countdown for your appeal filing will pause. Once the trial court issues its decision, a new 21-day period will start for you to file your claim of appeal or application.

If you miss the 21-day deadline, you might still have a chance to appeal using the “late appeal” process. For a late appeal, you generally have up to six months from the order you are appealing or from an order denying a timely motion for reconsideration. However, if your appeal involves an order terminating parental rights, you have a shorter window of 63 days for a late appeal.

Deadlines are crucial in Michigan family law appeal cases. If you miss these deadlines, the Court of Appeals may not have the authority to review your case, and it could dismiss your appeal.

How Long Could the Appeal Process Take in Michigan?

The duration of the appeal process in Michigan varies widely, but it generally spans several months to over a year.

Factors such as the complexity of your case and the court’s workload significantly influence how long it will take. Typically, simpler appeals resolve faster, while more complicated cases with extensive legal arguments might extend beyond the average timeframe. Custody matters have priority over non-custody matters.

A lawyer can expedite your appeal process by completing and submitting all filings on time, anticipating potential delays, and addressing them promptly.