If you are one of the lucky ones and succeed in your appeal, the appeallate court may "remand" your DIY divorce case to the trial court. But what does that really mean? Well, first things first - it means that you do not have an order any longer. Your appeal succeeded and it served to wipe out the order or judgment that was appealed.
The remand is an instruction to the trial court to re-do the trial which led to the order that was overturned on appeal. Similar to a mulligan in golf, you have a chance to present the evidence again. As a practical matter this means that you need to move the case toward trial again. A remand also means that nothing in the original order which was appealed still stands. So there is no child support order to be enforced. There is no alimony order to be enforced. In fact, you may not even be divorced if it was a final judgment disoolving your marriage.
It is important to read the remand order carefully and follow its instructions precisely. This is a good time to seek out unbundled legal services so that your case stays on track.
You need to seek legal advice to answer specific questions. This blog does not provide legal advice.
Posted by: Pamela S. Wynn | September 04, 2012 at 07:32 AM
This is a good way out to think about all the orders that were passed by the court. During the trial, nothing stays in order as it was earlier. This would help in re-considering a particular issue or issues.
My question to you is would this allow me to stop the alimony that I am paying now or modify the amount? How and when?
Posted by: Rose Morin | September 04, 2012 at 05:05 AM