Legal Question in Appeals and Writs in California

Re: Appeal before divorce is final?

Appeals are made from final judgments, with some exceptions. Apparently you case was not one of them. Upon final judgment, all interim orders can be appealled. Pat McCrary

Re: Appeal before divorce is final?

The real question is whether the custody order is temporary or final. Temporary custody orders are not appealable - although they can be attacked by another vehicle called a Petition for Writ of Mandamus. But final custody orders can be appealed, regardless of whether other issues, such as property division, have been resolved.

If this appeal is from a temporary custody order, the better practice is to file a Motion to Dismiss the Appeal at the Court of Appeal, so that the Court of Appeal learns of the deficiency. The Court of Appeal might not pick up on the problem itself until the appeal is well down the road.

I am a Certified Appellate Law Specialist and I have handled dozens of family law appeals. More information is available at www.foxaappeals.com.

Please contact me if you would like a consultation.