Appeal in Divorce Case
Before we begin to discuss this topic, you must know that only when the appeals court finds a clear error in the subordinate court’s judgment will it overturn a divorce.
A divorce decree is the judgment provided by the judge in the court and this implies that your divorce is final; the case is complete.
If a spouse believes that the decree is wrong, he or she can appeal to the High Court.
Here is the procedure to file an appeal:
- Decide what to appeal. You must have strong legal grounds to appeal, otherwise you will simply waste your time and money. Please discuss this thoroughly with your divorce lawyer.
- File an appeal. Usually, there is a deadline to file an appeal, say, 30 days after the judge signed the decree.
- Prepare the record of appeal. It includes the trial transcript, which records every word that was spoken in the court during trial, and a case record, which contains all your case files and papers.
- Draft the appellate brief and file it. This is one of the most laborious and technical task. The brief contains legal arguments and must be filed in a particular format. Many times, divorce lawyers delegate this task to special lawyers who do appeals and appellate brief writing.
- Attend the oral argument in court in which each party gets a chance to orally argue their point. Each party is generally given 15 minutes to give their point.
- The court gives decision. If the decision affirms the decree, then your appeal is unsuccessful. If the decision reverses the decree, then your appeal is successful. In some cases, the High Court may ask the subordinate court to “remand the case,” which means to reconsider the case or modify the order.
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It is very important that you have the best divorce lawyer by your side to file an appeal because this is one of the most complicated legal tasks. Only a skilled lawyer can do this smoothly. Online Legal Center harbours lawyers who are experts in representing cases, appealing to court, forming sound legal grounds, and creating strong arguments. In some cases, filing an appeal is not the best option. In some case, instead of appealing, it is better to ask the trial court to modify the order. A good lawyer will always give the right advice to his/her client. So, having the best legal assistance is like a boon, especially in cases of divorce.
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Frequently Asked Questions (FAQs)
No. Appealing a divorce does not mean fighting a case in a new way. It is simply questioning the previous trial and finding errors in it. So, you cannot present new evidence or bring in new witnesses now. Whatever evidence or witnesses you want to present should be done in the trial court.
This depends on the court procedures and backlog. It may take a year or so to get a final ruling.
Yes. Usually, filing an appeal turns out to be expensive. Apart from the lawyer fee, you must also pay to get the transcript record. If you hire a specialized appellate lawyer, he or she will also take charges.
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