Unhappy with your divorce settlement?

Your divorce is final, you settled or there was a court decision, and you find yourself unhappy with the results. Either spouse may still have an opportunity to challenge certain decisions made by the court. You, or your former spouse, can seek to appeal or modify your divorce decree.

I want to appeal my divorce judgment

 Once you find yourself officially “divorced” you still have the opportunity to potentially appeal. Typically you will find that the courts give deference to the original judge. But, it is not impossible for an appeals court to overturn a judge’s decision in a divorce hearing. Usually, settlement agreements cannot be overturned on appeal if both spouses agreed to the terms. One exception to this would be potentially enforceability issues.  

You are appealing, now what?

An appeal is a very limited possibility only possible through some significant error that occurred during your trial. If you do believe there was an error of fact, or the law; or an abuse of discretion by the judge, you can file a notice of appeal to the other side. There are strict procedures and deadlines for filing and service an appeal notice. Failure to follow the proper guidelines can result in losing your right to appeal. Thus having a knowledgeable and competent family attorney is a key to your success. Once your notice has been filed and served, a record of appeal must be prepared by the court reporter’s trial transcript and the clerk’s record.

What will my argument look like?

The main form of argument in an appeal is the written “appellate brief.” This brief is filed by your attorney and your former spouse’s attorney. This document will include a legal argument, supported with some applicable case law, transcripts and documents. If an oral argument is granted it is typically less than 1 hour in time and it allows each side to present their side. No witnesses, no new evidence.

We’ve come to a decision

Once the appellate court has the record of appeal, the appellate brief and has taken any oral argument (if applicable), it will make a ruling. The time varies based on your location, but again, having an attorney who is dialed into your case and has the patience to see it through is important. The appellate decision most likely will uphold the trial court’s decision. However, if they don’t do so, the case would then be sent back to the trial court to either modify their decision or to conduct a new trial.