Once a divorce settlement is entered with the court, it can be difficult to change the terms of the arrangement. However, if you believe that the trial court erred when determining one or more issues in your divorce case, you have the option to appeal that decision to a higher court using the appellate process. An appeal is different than a modification of a divorce decree, and an appellate attorney can help you review the terms of your divorce to determine which is the best method for you moving forward. To learn more, call or contact The Appellate Law Firm today to schedule a free consultation with an experienced appellate attorney, Corey Evan Parker.
Appeal or Modification?
The major differentiator in whether to file an appeal or a modification to your divorce decree is the length of time that has elapsed since the divorce was finalized with the court. You only have a small window of time, typically 60 days after judgment, in which to file an appeal of your divorce decree with the courts. After the 60-day statute of limitations has passed, you may be barred from filing an appeal and will need to resort to a modification in order to change the terms of your divorce settlement.
An appeal should also be used if you believe that the divorce court made an error in law or fact when determining the terms of your divorce decree, or if you believe that the judge was somehow biased in their decision making when it came to your case. If circumstances have changed since the divorce decree was entered, it may make more sense to file for a modification of the current terms of the divorce settlement.
Let an Appellate Attorney Make Your Case
The appellate process is far different than the trial court when it comes to appealing a divorce decree. Unlike the trial court, an appeal does not allow for new evidence to be submitted or new witnesses called. The appellate judges review the trial transcript that contains all relevant information from the trial case. This includes all pretrial motions and arguments, evidence presented, witness testimony, and more. Your appellate attorney will also submit a written brief to the appellate court that explains where the trial court erred in their decision making in your case. Finally, your appellate attorney will make oral arguments to strengthen the case in your written brief and answer any questions that the appellate judges may have before they render a decision. Given the significant differences in the appeals process, it is critical that you have an experienced appellate law attorney represent your interests in a divorce appeal.
Call or Contact the Office Now
If you would like to learn more from an experienced appellate law attorney about filing an appeal to your divorce case, call or contact The Appellate Law Firm today to schedule a free consultation with appellate attorney Corey Evan Parker now.