Albany Divorce Appeals Lawyer

When a couple decides to divorce, they must face the challenge of dividing their home and other assets. If they have children, they will also need to resolve custody and visitation issues. When a couple is unable to amicably resolve their issues in mediation, they will need to go to Court, where a judge will make a determination. However, mistakes can sometimes occur during a divorce trial, leading to an unfair ruling.

If you believe you did not receive a just ruling from the judge during your divorce trial, you might want to consider filing an appeal. Although the appellate process is costly, difficult, and time-consuming, a seasoned Albany divorce appeals lawyer understands that an appeal might be appropriate when you are fighting for your future and your child’s future. Contact the dedicated divorce attorneys at our firm for help seeking justice for a former ruling.

Grounds for a Family Law Appeal

Due to their sensitive subject matters, family Courts regularly issue decisions that make at least one party unhappy. Family Courts often decide on difficult issues, such as which parent will have primary physical custody of a child. For example, if both parents sued for primary physical custody, at least one of those parents will probably disagree with the decision.

Unfortunately, people cannot file appeals simply because they did not get the result they were seeking. There must be valid legal grounds to bring an appeal. Typically, an appeal is only successful if the trial Court judge has clearly abused their discretionary power or incorrectly applied a law to the facts of a case. People can generally only appeal if they object to the ruling during the trial. When someone raises an objection during a trial, that objection becomes part of the formal written Court record.

The appellate Court will not look at new facts during the appeal. They base their decisions on the Court record and whether there was a misapplication of law. An experienced legal team could carefully comb through the trial Court transcript to find valid legal grounds to file an appeal in Albany. After reviewing the record, they could offer an honest and knowledgeable opinion as to whether an appeal is a viable option and if it is likely to succeed.

Types of Issues Reviewed by the Appellate Courts

People can file appeals regarding any issues decided by a family Court. Most commonly, the Supreme Court of the State of New York considers the following issues:

After hearing the appeal, the appellate Court has several options:

  • Modify a portion of the initial ruling;
  • Remand the case back to the trial Court; and
  • Reverse or affirm the lower Court’s ruling.

Appeals are very technical and require strict adherence to the Court’s rules and procedures. A skilled Albany divorce appeals attorney could apply their years of experience to ensure that everything is in precise order.

Call a Divorce Appeals Attorney in Albany Today

Because your family needs are unique, you should work with a legal team that will give your family the individualized attention you deserve. A seasoned legal professional could meet with you and your family to learn what you need and work closely with you to devise a unique strategy to solve your problems.

If you believe an appeal could help solve your family’s legal issues, call an Albany divorce appeals lawyer from our firm to set up a complimentary consultation.

Colwell Law

Colwell Law N/a
Albany Office
The Colwell Law Group, LLC
200 Great Oaks Blvd  Suite 224,  Albany, , NY  12203
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+1-518-203-1592