What chance does my ex have in appeal court decisions after the divorce? 1 Answers as of July 27, 2011My ex filed a notice of de novo appealing decision from our last family court hearing. it is within the two years of our divorce. I believe it regards placement- will the judge re-evaluate our case? or will the last judgment made stick? and what happens after the 2 years?
Horizons Law Group, LLC | Michelle B. Fitzgerald
You must mean a modification motion was filed? An appeal or a de novo is usually done within a short time period after a hearing. The two year rule against changing placement is only from the original judgment (first final orders). If that was your divorce (usually is), then the two year rule would apply and it would not be changed unless there was a showing of emotional or physical abuse of great concern to the court. After two years, it would be only a 'substantial change of circumstances', which is still many times hard to show.
Answer Applies to: Wisconsin