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How to Appeal a Divorce Judgment in Oregon

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    • 1). Prepare a Notice of Appeal including the information required by the Oregon Rules of Appellate Procedure (ORAP). File your notice with the Oregon Court of Appeals within 30 days of the date when the trial court entered your divorce judgment into the court record. Serve a copy on your ex-spouse and other parties to your divorce case, if any.

    • 2). Obtain official transcripts of all lower court proceedings through the trial court transcript coordinator. Get copies of all exhibits from your divorce case and portions of the lower court record. Follow the procedures in ORAP to submit the transcripts, exhibits and courts records to the Court of Appeals as the "Record on Appeal" establishing the facts of your case. After you have submitted the Record on Appeal, the Court of Appeals will consider your transcript to be "settled."

    • 3). Write the Opening Brief for your domestic relations case appeal, using the outline required by the ORAP, including the index, table of authorities, summary of facts, summary of argument and statement of the case. Present each assignment of error by stating the trial court's actions and exact wording from the court record in your divorce proceedings and make your legal arguments related to each assignment of error regarding why you believe the Court of Appeal should change the trial court's divorce judgment in your case. Follow ORAP rules for cover colors and other formatting requirements.

    • 4). Attach a certificate of service to your brief. File your Opening Brief within 49 days of the date when your transcript was settled and pay the current filing fees. Serve two copies of the Opening Brief on your ex-spouse and any other parties.

    • 5). Review the Answering Brief if your ex-spouse writes a response to your brief and serves a copy of the reply on you. Prepare for oral arguments by reviewing your legal arguments and anticipating how you can respond to your ex-spouse's legal arguments. Attend the date for your oral arguments as scheduled in front of the Oregon Court of Appeals. Present your oral arguments and answer the court's questions in an honest and direct manner.

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