There will naturally be parties unhappy with the final outcome of a divorce trial. In some cases, you have the opportunity to challenge an unfavorable result through the appellate process. Filing an appeal is complicated, and attempting it on your own is risky.
Not every decision can be appealed under state law. When you hire a Saratoga Springs divorce appeals lawyer, they may be able to advise you on whether this process is an option in your case. Reach out right away to find out how a skilled divorce attorney may be able to help.
Anyone facing a disappointing outcome in their divorce case may want to have that Order overturned, but appeals are not an option in every case. There are times when rulings that have a tremendous impact on a person—like not being awarded physical custody of a child(ren)—will not be reviewed by a higher Court. A lawyer in Saratoga Springs may be able to answer questions on when a divorce appeal is possible.
Not getting a desired outcome does not provide someone with the grounds to appeal a decree. Instead, one of the parties must be able to show there are legal grounds to challenge the original Order or decree. Judges have broad discretion in these cases, and challenging their rulings is typically only possible when they abuse that power or incorrectly apply the law.
Another important consideration is whether or not an issue was preserved on appeal. This is done by raising an objection to the Court record during the trial itself.
This process is very different from a divorce trial. Unlike a trial, there is no jury that hears the case. In fact, there may not be a hearing at all. A divorce appeals attorney in Saratoga Springs will provide the Court with the official record of the trial and write a brief outlining the errors they believe the original judge made.
Often, the appellate Court will make a ruling without requiring a hearing. If a hearing is requested, it will not involve any witnesses, only arguments made by legal counsel. This is because the Court cannot consider new evidence and must only look at the trial record to determine if a mistake was made.
A Saratoga Springs lawyer may be able to appeal various issues in a divorce case. Some of the most common examples involve awards for spousal maintenance (formally known as alimony) or child support. One parent may also challenge an Order that gives their former spouse full custody of a shared child(ren). Property division issues may also lead to an appeal.
The final decision made at this level can take different forms. In some situations, the Court will affirm the lower Court’s ruling and allow it to stand. In other cases, it may modify a portion of the ruling while keeping the rest in place. The appellate judge may also reverse the decision entirely and send it back to the trial Court to address the issue in question.
If your divorce trial resulted in an outcome you believe is based on incorrect law, you have the right to appeal. However, handling this process on your own can have unfortunate consequences.
Contact a Saratoga Springs divorce appeals lawyer immediately for a complimentary private consultation. Our seasoned family law attorneys may be able to help you achieve a favorable outcome in your case.
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