Introduction
When a couple decides to end their marriage, they are faced with a multitude of issues that must be addressed, ranging from child custody to the division of property and spousal support. In the state of Washington, the court encourages spouses to reach an agreement on these matters through negotiation or mediation. However, there may be instances where agreement cannot be reached, leaving the court to make a decision based on the evidence presented. So what can you do if you find yourself in a situation where you don’t agree with the divorce settlement proposed by your spouse or the court?
The Right to Appeal
In the event that you are dissatisfied with the divorce settlement order made by the court, it’s important to know that you do have the right to appeal. However, it is crucial to act swiftly. The law in Washington State dictates that you must file a notice of appeal within 30 days of the entry of the final divorce decree. Failure to meet this deadline could result in the abandonment of your right to appeal the order.
Grounds for Appeal
To successfully appeal a divorce settlement, it is necessary to demonstrate that the court made a mistake in its decision. These mistakes can encompass factual errors, procedural irregularities, or legal errors. Factual errors may involve incorrect valuation of marital assets, inaccurate findings regarding child support or spousal maintenance needs, or misapplication of Washington State law. Procedural irregularities could include failure to adhere to court rules or denying you a fair opportunity to present evidence. Legal errors may involve misinterpretation or misapplication of Washington State law, or the improper exercise of the court’s discretion.
Appealing Property Division Orders
If you find yourself in disagreement with the court’s division of marital property, pursuing an appeal is an option. Typically, an appeal involves a higher court reviewing the decision made by the lower court, focusing on potential procedural, factual, or legal errors. It’s important to note that the standard of review may differ depending on the specific issue at hand. For instance, a property division order will only be overturned if it is deemed "manifestly unreasonable." Conversely, child custody appeals are generally assessed using a "best interests of the child" standard, providing the trial court with more flexibility.
Appealing Child Custody Orders
If you disagree with a child custody order issued by the court, you may also be eligible to file an appeal. Yet, it’s essential to recognize that the standard of review for child custody appeals is higher compared to property division orders. The appellate court will not simply substitute its own judgment for that of the trial court. Instead, it will scrutinize the decision for any evidence of an abuse of discretion, meaning that the trial court’s judgment must be clearly erroneous or contrary to the presented evidence. To succeed on appeal, you will need to prove that the trial court misapplied the law, utilized an incorrect standard, or disregarded relevant evidence during the decision-making process.
Conclusion
Disagreeing with a divorce settlement proposed by your spouse or ordered by the court can be an immensely frustrating and stressful experience. Nevertheless, it is important to remember that you do have the right to appeal the decision and pursue an alternative outcome. Acting promptly and establishing a valid legal basis for your appeal are crucial steps to take. If you are contemplating an appeal, it is highly advisable to seek the guidance of an experienced family law attorney who can assist you throughout the process and provide you with the best possible chance of success.