How to Appeal Your Divorce Decree - Bineham & Gillen

divorceHow to Appeal Your Divorce Decree

July 18, 2019by James Gillen

A lot of questions might pop up with your lawyer during the course of a divorce. But no one really talks about what occurs afterward. What happens if you think it was an unfair divorce settlement? This is where appealing a divorce decree comes to play.

Before we talk about the process of appealing your divorce decree, remember that reaching out to your lawyer for assistance is always the best practice.

Why would someone want to do this?

The most common reason to appeal a divorce decree is that there was a mistake made by either the judge or lower court. A mistake could come from wrongful calculations of annual income or child support needed or other actual errors – not from facts stated.

Other reasons may be that the other party committed fraud, withheld assets from the court proceedings, or maybe you found some new information that wasn’t out in the open during the original trial.

What is the process?

  1. First, you would appeal your divorce decree to a higher court.
  2. Next, the record that is on appeal will be filed. This includes all of the records that were filed with the original judgment.
  3. After that, you and your lawyer will prepare the appellate brief, which contains your argument for the appeal.
  4. If the judge allows an oral argument, that will be your next step.
  5. After both sides are heard, an appellate decision will be made.

And remember, having a lawyer help you with all of these steps is ideal.

How long will it take?

Court proceedings usually take a while, so be prepared. Although every instance is different, it could take up to two years to have this settled, since an appeals process has to completely review the lower court’s decision.

Call Bineham & Gillen for more information on appealing your divorce decree.