Parties who have experienced a result in district or trial court that they do not agree with often consider appealing the court’s decision. It should also be noted that there may be other options you may pursue outside of filing an appeal. Marsh PLLC handles complex family law appeals relating to issues such as child support, child custody, child visitation or parenting time, spousal support, premarital agreements, and can help you determine the best course of action.
A family law appeal must be based on objections to how the judge ruled, not just that the appealing party is upset by the court’s decision. Simply because you do not like the outcome of a divorce or custody case does not mean that a higher court will agree and reverse a decision or order a new trial. It must be demonstrated that there were fundamental flaws in the court process that resulted in an incorrect decision.
A party may need to seek relief from the trial court before bringing their case to the Court of Appeals. The attorneys at Marsh PLLC can provide you with legal guidance in assessing if a family law appeal is the right course of action. This includes helping you weigh the cost of an appeal against the likelihood of success and possible benefits. If you choose to move forward with an appeal, Marsh PLLC can advocate for you through the entire appellate process.
Even if it seems there are grounds for appeal, the decisions of the court generally must have been brought to the trial court’s attention first so it has a chance to rectify its error. And even if the appellate court agrees that an error was made, it will not necessarily reverse the decision unless it decides that there is a substantial chance the outcome would have been different without the error.
During family law proceedings it is important for a family law attorney to consider the possibility that the decision may end up being appealed. Being that appellate cases are considered by the Court of Appeals using trial records, it is crucial for the trial record to be preserved, and for all objections and statements to be clearly noted.
It is important that you seek legal guidance as soon as possible in the family law appeals process. Depending on the type of issue, deadlines can be very short and usually do not allow for exceptions or extensions if deadlines are missed.
There are many nuances to the appellate process. Some issues may be appealable prior to the conclusion of a case, whereas other issues may require that the court enter final judgment before the appeal process can start.
Additionally, before an appeal is ready for filing there are often additional steps that need to be taken at the trial court level. If procedural steps are not taken, or if deadlines are missed, the represented party may lose their right to appeal the given issue.
Let the experienced family law attorneys of Marsh PLLC help you determine the best course of action if you’re facing or have already received a ruling you feel warrants an appeal. They applied skilled and compassionate advocacy while utilizing their years of experience in the family law appeals process.