Seeking Justice Through the Appellate Process

Navigating the family court system can be challenging, and sometimes, a case does not conclude in a favorable manner. If you believe a legal error occurred in your family law case, pursuing an appeal may be an option. The appellate process in Minnesota allows parties to seek a review of a lower court’s decision to ensure justice was properly served. At Barna, Guzy & Steffen, our experienced family law appeal attorneys are here to guide you through the complexities of appealing a family law decision.

The Appellate Process in Minnesota

In Minnesota, family law appeals are reviewed by the Minnesota Court of Appeals or, in limited circumstances, the Minnesota Supreme Court. The appellate process is distinct from trial court proceedings; instead of presenting new evidence or witness testimony, appellate courts review legal arguments to determine whether the lower court made an error in applying the law.

Key Steps in the Appellate Process:

  1. Notice of Appeal – Filing a Notice of Appeal with the Minnesota Court of Appeals within 60 days of the lower court’s final decision.
  2. Preparation of the Record – Compiling the transcripts, trial exhibits, and court pleadings from the lower court case.
  3. Briefing Process – The appellant submits a written appellate brief outlining the legal errors and supporting legal arguments. The respondent then submits a response brief defending the trial court’s decision.
  4. Oral Argument – In some cases, the Court of Appeals may hold an oral argument, allowing attorneys to present arguments and answer judges’ questions.
  5. Appellate Decision – The appellate court reviews the case and issues a written decision that may affirm, reverse, or remand the case for further proceedings.
  6. Potential Supreme Court Review – In rare cases, a party may petition the Minnesota Supreme Court for further review. However, only a small percentage of cases are accepted.

Standards of Review in Minnesota’s Appellate Courts

Minnesota appellate courts apply different standards of review based on the type of issue being appealed:

  • Abuse of Discretion – Applied to child custody, parenting time, and spousal maintenance cases. The appellate court will overturn a decision only if the lower court made a ruling unsupported by facts or law.
  • De Novo Review – Used for questions of law, such as statutory interpretation or constitutional issues. The appellate court reviews these matters without deference to the lower court.
  • Clear Error Standard – Used when reviewing factual findings. The appellate court will not overturn factual determinations unless they are clearly erroneous.

Our skilled Minnesota family law appeal lawyers analyze every case carefully to determine the best legal strategy for an appeal.

Family Law Matters That May Be Appealed

Family law encompasses a wide range of legal matters, and appeals may arise in various areas, including:

Divorce and Property Division

  • Disputes over marital property division and valuation of assets.
  • Whether an asset was correctly classified as marital or non-marital.
  • Misapplication of Minnesota’s equitable distribution laws.

Child Custody and Parenting Time

  • Errors in evaluating statutory custody factors.
  • Improperly considered or disregarded evidence affecting the best interests of the child.

Child Support

  • Incorrect calculation of income or application of support guidelines.
  • Improper deviation from standard support amounts.

Spousal Maintenance (Alimony)

  • Failure to properly consider financial factors.
  • Improper analysis of a party’s earning capacity.

Paternity and Parental Rights

  • Errors in paternity determinations or termination of parental rights.
  • Violations of due process in parental rights cases.

Post-Decree Modifications

  • Incorrect legal analysis in modifications of custody, support, or maintenance.

Why Choose Barna, Guzy & Steffen for Your Family Law Appeal?

Appealing a family law case requires skill, experience, and a deep understanding of Minnesota appellate law. At Barna, Guzy & Steffen, we:

  • Have a proven track record of handling complex family law appeals.
  • Conduct thorough case evaluations to determine the viability of an appeal.
  • Develop compelling legal arguments for appellate courts.
  • Provide dedicated representation throughout every stage of the appellate process.

Our firm, founded in 1938, is the largest Minnesota law firm north of downtown Minneapolis. With a history of excellence, we have the resources and expertise to handle even the most complex family law appeals.

Frequently Asked Questions

1. What is the deadline for filing a divorce appeal in Minnesota?
The Notice of Appeal must be filed within 60 days of the final ruling.

2. Can new evidence be presented in an appeal?
No. Appeals focus on reviewing legal errors from the lower court’s decision; no new evidence or testimony is allowed.

3. How long does the appellate process take?
Most appeals take 6 to 12 months, depending on court schedules and case complexity.

4. What are the possible outcomes of an appeal?
The appellate court may affirm (uphold the decision), reverse (overturn the decision), or remand (send the case back to the trial court for further proceedings).

5. Does an appeal stop enforcement of the trial court’s order?
Not automatically. A party may need to file a motion to stay enforcement pending appeal.

Contact Our Minnesota Divorce Appeal Lawyers

If you believe an error was made in your family law case, do not delay in seeking legal counsel. The appellate process has strict deadlines, and early intervention is critical.

Call Barna, Guzy & Steffen today at (763) 783-5146 to schedule a consultation with one of our experienced Minnesota family law appeal lawyers. We are here to advocate for your rights and help you achieve justice through the appellate system.