Either or both spouses can appeal a trial court judge's decision to a higher appeals court. When you file an appeal you are claiming that the higher appellate court should "reverse" or overturn the lower (trial) court's decision in your divorce case. The law generally favors the finality of judgments; therefore, relief from a final judgment or decree of divorce is usually NOT available absent exceptional and compelling circumstances. Some courts find that while they are without legal authority to modify a final decree, they can interpret a final decree in a more fair way by modifying terms of payment, or whatever equity requires under the circumstances.

Generally, you have 30 days from the date of the entry of the final divorce decree or judgment to file a document called a notice of appeal. It is imperative for you to a contact an attorney to help you with the process which is time sensitive and document intensive.

The main form of argument on appeal is the written appellate "brief," filed by counsel for each party. A brief is a document containing a legal argument, supported with reference to applicable case law and statutes with this brief, the party that was given an unfavorable ruling in the trial court will argue that the trial court judge incorrectly applied the law in making a decision. The opposing party will argue that the trial court's decision was correct. The lawyers for the parties submit their briefs to the court and may be granted oral argument.

Appeals court decisions usually turn on the "record," a written version of what happened in the trial court. The success of an appeal therefore usually depends on what occurred at trial; new evidence may not ordinarily be introduced on appeal. Once an appeals court has made its decision, the opportunity for further appeals is limited.

Because issues are more complicated and technical than at the trial level, it is important for you to consult a lawyer.

If you have questions about Appeals, please contact us to schedule an appointment for a consultation.

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