Navigating a Family Law Appeal

Navigating a Family Law Appeal

Posted in Family Law Appeals

Navigating a Family Law Appeal

If you have recently been through a divorce case, or a modification of alimony or child support case, it may feel like your world has been turned upside down.  Sometimes it has.  Divorce or modification litigation may result in you having time with your children reduced or even taken away from you, an award of spousal support that is not enough for you to meet your basic needs, or being ordered to pay support you simply cannot afford.  Family law proceedings often result in serious, life altering rulings.

If you have received an adverse ruling, you only have two real options:  (1) live with the court order or (2) pursue an appeal.  While most divorce or family law clients are understandably frustrated with the legal system and emotionally exhausted following contested litigation, the appellate process differs greatly from trial proceedings, and is the only way to correct a trial court’s error.

An appeal must be filed soon after a trial court’s order, and the deadlines are strict, within thirty days.  A party who wants to consider an appeal must act quickly to get in touch with an experienced family law appellate lawyer so he or she may understand what is involved and make a decision in time to file a notice of appeal, the legal document required to ensure the right of an appeal is preserved.

A successful appeal may result in a new trial, or other relief without need for a new trial  However, an appeal is fundamentally different from a trial, and many clients are pleased to learn that an appellate court generally reviews a case for legal errors that occur at trial, or determine whether sufficient evidence exists to uphold the trial court’s ruling.  Appellate courts do not receive new evidence.  Once a family law client determines to proceed with an appeal, he or she may turn the case over to an appellate lawyer who will handle all aspects of the case and keep the client  apprised of the proceedings.  The client does not appear in court, does not testify  and is not required to produce documents or be deposed.

If you cannot live with the result of a divorce, modification or any type of family law proceeding, it is important to contact an experience appellate attorney within a day or two of getting the ruling to determine whether an appeal is an option and preserve your right to appeal.