I am dissatisfied with the outcome of my domestic relations case. Can I file an appeal?
Possibly. Your ability to file an appeal depends on the nature your case. Certain cases are subject to direct appeal procedures, which means that Georgia law grants you the right to appeal. Other cases are subject to discretionary appeal procedures, which means that you must request and be given permission to file an appeal with the Georgia Supreme Court or the Georgia Court of Appeals.

I am dissatisfied with the outcome of my divorce case. Can I file an appeal?
For the past few years, the Supreme Court of Georgia has implemented a Pilot Project for cases involving divorce and/or alimony. Under the Pilot Project, discretionary applications for appeal, which are timely filed from the final judgment and decree of divorce, will be automatically granted unless the application is found to be frivolous by the Court. The Court will deny frivolous applications, and the applicant as well as his or her attorney may be assessed a penalty of up to $2,500.00. Please check with an attorney to ensure this process is still in existence or has not been modified by the time you wish to file an appeal.

The court ordered to me to pay an amount of child support which I believe is too high. Can I file an appeal?
Until July 1, 2006, child support cases are subject to discretionary appeal procedures, which means that you must request and be given permission from the appellate court to file an appeal. However, beginning July 1, 2006, all final judgments of child support are to be directly appealable, which means that there will be an automatic right to file an appeal of any child support order as of July 1, 2006, unless the legislature changes the law before that date.

The court ordered my ex-husband to pay child support to me, but I think the amount is too low. Can I file an appeal?
Until July 1, 2006, child support cases are subject to discretionary appeal procedures, which means that you must request and be given permission from the appellate court to file an appeal. However, beginning July 1, 2006, all final judgments of child support are to be directly appealable, which means that there will be an automatic right to file an appeal of any child support order as of July 1, 2006 unless the legislature changes the law before that date.

I am considering whether or not to file an appeal? How much time do I have to decide?
Generally, you must file your appeal or application for appeal within 30 days from the entry of a final order. If you hire an attorney to file the appeal, the attorney will need as much time as possible to prepare the appeal so hiring an attorney on the 29th day will likely make it impossible for the attorney to file an appeal.

If I win an appeal, what happens next?
Many things can happen if you win an appeal. The appeals court can send the case back to the same judge to hear the whole case, or certain issues again. The appeals court can also give the trial judge specific instructions on legal issues and procedures to utilize when the judge rehears the case.