Family Law Appeals
Not to be confused with a ‘do-over’, the Court of Appeals is there to make sure that the Trial court followed the applicable laws and did not abuse its discretion.
What If You Don’t Like the Outcome of Your Divorce?
There are two primary ways in which to challenge a final Judgment or Decree. You can attempt to set aside the Judgment or you can file an Appeal.
To Set Aside A Judgment/Decree:
You must prove some level of fraud or improper procedure that occurred in obtaining the Judgment. If you achieve this, the Judgment is set aside, and you are starting from scratch as if nothing has happened.
In other words, you would again be married and would need a new Judgment to terminate your marital status, divide your belongings, and determine custody and support.
File For An Appeal:
If setting aside the Judgement is not an option, you may have grounds to file an appeal. An appeal is not a second trial.
Instead, it is an opportunity to ask the Court of Appeals to overturn a lower-court decision or order a new trial based on a proper application of the law to the facts as stated in the record.
The Court of Appeals ensures that the Trial court followed the applicable laws and did not abuse its discretion. This can be a lengthy and expensive process. If the issue is custody or support, consider “Modifications” before you go down this road.
Additional Information
Custody Modification After The Final Judgement
