There are many issues that must be settled before a divorce is finalized, and one of the most significant is the distribution of marital property between spouses. If the spouses cannot agree on the terms of the division of property the court may be required to step in and make that determination. However, the court does not always come to the correct conclusion on these types of issues, and if you believe that the court erred in your property distribution you have the option to appeal. The experienced lawyers at The Appellate Law Firm have advocated for many clients at the appellate level who have unjustly received an inequitable distribution of property. To learn more about your legal options, call or contact our office today.
Common Reasons for Appealing a Property Distribution
There are many reasons why a person may want to appeal the property distribution in their divorce case. One of the most common reasons occurs when a spouse hides or fails to disclose assets that should have been considered in the initial distribution. Another reason is because of errors in the appraisal and valuation of certain assets or liabilities. If one spouse agreed to the terms of a property distribution under duress or was defrauded during the division of property a spouse may also appeal. Appeals are also made if there was ineffective assistance of counsel by a spouse’s attorney during the property negotiations or if the judge misapplied law that fundamentally altered the outcome of the case.
How Does an Appeal Work?
An appeal can be made after the trial court has made a final ruling on the distribution of property in your divorce. Typically, notice must be given within 30 days of the final judgment in order to preserve your appeal. The appellate court will review the trial transcript along with a written brief submitted by your appellate lawyer that outlines all of the errors in law or fact that were made which substantially altered the outcome of the property distribution in your case. Your lawyer will also make oral arguments to the court, making the best possible argument for your case.
After oral arguments, the appellate court will consider the issue and render one of three verdicts on the case. The first option is to affirm the ruling of the lower court about the property distribution. The second option is to reverse the ruling, and the third option is to remand the issue of property distribution back to the trial court with instructions on how to properly divide the community property between the spouses.
Talk to Our Office Now
Do you believe that the court erred in the property distribution during your divorce case? If so, you should speak with the experienced attorneys at The Appellate Law Firm as soon as possible. You only have a short window in which to file an appeal on your claim. Call or contact our office today to schedule a case consultation.