Appealing a divorce isn’t impossible, but it’s very challenging. In order to accomplish this, a person must demonstrate that the law wasn’t upheld when the decision was made.
A divorce appeal generally takes place when one former spouse can’t live with the results of the original divorce decree. The former spouse (or appellant) makes a case as to why the court should overturn or reverse the decision.
Notice of Appeal
The court upholds strict procedures and deadlines when considering whether or not a divorce can be appealed. It’s important that you seek the guidance of an appeals attorney to give you the best chance at success.
In order to get an appeal heard, the appellant must:
- file the notice of appeal 30 to 45 days from the date of the divorce decree;
- file a brief explaining the reasons for the appeal;
- obtain a verbatim transcript of the divorce proceedings; and
- obtain all trial paperwork (evidence, pleadings, documents, etc.).
Appellate Court
Once an appeal reaches the appellate court, the judge will hear both sides of the argument. The court will not hear any arguments that weren’t previously presented at the original trial.
The court of appeals looks for:
- any failure on the original court’s part in making sufficient findings of conclusion or fact of law;
- if the decision was only based on legal conclusions without carefully analyzing the evidence; or
- if the alimony award was inconsistent with the range of awards usually given to people in that scenario.
It can take the appellate court 30 to 60 days after trial to make a final decision. Simply because the court heard your case doesn’t mean they will appeal the divorce decree. If your issue is something to do with alimony or child support payments, you and your attorney could also seek a modification to the divorce decree.
Barach Law Group LLC Can Help
Our attorneys are uniquely qualified to deal with the court of appeals. Matthew Barach has written a book detailing his insight and experience in the appeals process.
Contact our firm online or call us at 617-819-1805 for a case evaluation.