In most cases, an appellate court will decide whether a trial court abused its discretion by considering whether the trial court had enough evidence upon which to exercise its discretion and whether the trial court made a mistake in applying its discretion.
Whether there was enough evidence hinges on whether the evidence would have allowed reasonable and fair-minded individuals to get to the verdict under review. The appellate court will review written briefs and may hear arguments. The appellate judges will not consider new evidence or testimony, but they will make their decision based on what was submitted at the trial court level.
They may reverse the lower court or send the case back to the lower court for a new trial that incorporates their clarifications and directives. Sometimes appeals may be necessary. Our law firm is committed to helping our clients achieve their objectives, and we have the experience and skills needed for appealing a divorce decree or judgment. Call us at Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.
The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The most common claim a person has for appealing a divorce decree is that the court made a mistake with the final judgment. The person filing the appeal must show that the judge made an error in interpreting or applying the law to the case.
For example, the ex-spouse had a lover and was using community funds to buy gifts for this person. The final judgment on income or alimony payments would most likely be incorrect.
While this is a valid reason for appeal, a court is still more likely to grant an appeal based on any lawful errors committed by the original court. There are a few different ways a divorce appeal can be challenged, all of which can only be granted by a judge.
If you are serious about appealing your divorce decree you must pay attention to the deadlines for completing the process. If you miss the deadline, you are almost guaranteed to completely miss your chance of appealing the decree.
An attorney with experience in appeals can help guide you through the often difficult process. The team knows the timeframe for each appeal deadline and can help you plead your case to a court.
Appealing a divorce judgement can take a long time even after filing a notice of appeal. Once the appellate court receives the record on appeal, the appellate brief, and any oral arguments, if applicable, it will make a ruling. The court of appeals issues written decisions within 90 days of the final submission of the case, typically 90 days from the oral argument. This may include a need for an entirely separate evidentiary hearing at the trial court level on a specific issue remanded by the court of appeals.
The appellate process has strict rules and regulations. Accordingly, it is important for each party to consult with their respective counsel to identify the next steps for the necessary assistance through the appeal process. In addition, just because a case receives a decision from the Court of Appeals, it is important to remember that it does not necessarily mean the case is over.
This article contains general legal information and does not provide legal advice. For legal advice, please contact M. Sue Wilson Law Offices directly.
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