The divorce laws in America can range widely, while some states allow divorcing couples to obtain a no-fault divorce, while others still require one party to accuse the other of some type of misbehavior. Contested divorces can involve months or even years or protracted litigation while the couple fights over money, property, custody of the kids and even who ends up with the pet iguana. This is an emotional time, which can end up depleting both your emotional and financial resources. It may seem easier at the time to just give in and agree to your soon to be ex’s demands. But, if the couple is unable to reach an agreeable settlement, the court will step in and make the decision for them. Even when the divorce is final, it may not be over. Either party can file a divorce appeal to overturn the trial court’s decision and request that a state appellate court review the case.
Appealing Your Divorce Case
The primary form of appeal consists of an “appellate brief” that should be filed by legal counsel representing each party. It must contain references to all applicable case law, citing the legal statute as to why an appeal should be granted. The individual who believes that they were the victim of an unfair ruling should have their attorney give arguments as to why the judge incorrectly applied the law when handing down his or her decision. Lawyers for both parties should submit their written briefs to the court for review and they court may grant them the opportunity of an oral argument. The most common grounds for appealing a divorce decision often pertain to how assets were divided and the criteria necessary for proving your case may hinge upon:
- The trial court judge abused his or her discretion
- The judge made a ruling that was incorrect regarding a matter of law or procedure
A divorce appeal must be filed within 30 to 45 days from the date the final divorce decree was issued.
The appellate court, usually consisting of a three-judge panel, will review the appeal and all supporting documents. No new evidence, including witness testimony will be allowed at the hearing. If your appeal is successful, the trial court’s decision will be reversed and a new hearing may be ordered.
Options After Losing Your Appeal
If the appellate court does not find that your appeal has merit and upholds the original trial court’s decision, there are still a few options you can employ. Your divorce attorney may be able to have the original terms of your divorce modified. Perhaps your ex-wife ended up with the family home but is unable to make the mortgage payments. You could go back to court and offer her the cheaper vacation house in exchange. Before making any decisions, consult with an attorney who is experienced in this area of law.
