Understanding The Timing Of Divorce Appeals In Ohio
A divorce judgment in Ohio can be appealed when:
- A judge issued a decree of divorce or other final order
- The filing date of the order was not more than 30 days ago
- You have grounds for appeal such as a misapplication of the law or facts
There are many nuances to pursuing appeals in divorce and family law cases, and at Zachary D. Smith, LLC, we can help. Our lawyers are well-versed in the Ohio appeals process. We are led by a certified family relations specialist – one of only a small number in the state. Our representation of clients has required appearances in multiple appellate courts.
Strict Deadlines For Filing Appeals In Ohio
Many people – and, in fact, many attorneys – don’t realize that the deadline for filing an appeal is such a narrow window. It’s a strict cutoff, and failure to file before the deadline will cost you your right to appeal.
The timing is even tighter if you’re filing a cross-appeal or consolidated appeal. You only have 10 days after the first notice of appeal, or 30 days from the filing of the court’s order, to file.
Appealing A Divorce Decree Issued By A Judge Vs. A Decision Issued By A Magistrate
Some Ohio divorces are initially heard by Magistrates rather than judges in a Court of Common Pleas. Magistrates essentially make recommendations that the judge will then adopt unless either party files an objection. You only have 14 days from the issuance of the Magistrate’s decision to file an objection. It is important to properly articulate objections to any Magistrate decision. To do so may require the help of an appellate attorney.