If you're going through family court, you are likely experiencing one of the hardest moments of your life. It's common to feel frustrated or even shocked by the court's decision - whether it involves property division, custody, child support, or another intimate part of your life. If you disagree with the outcome, you can appeal. But there are some important things to understand first.
1. PREPARATION MATTERS
A successful appeal starts before you ever go to trial. This is because the appellate court looks at what happened at the trial level to determine whether "harmful error" occurred. Also, you must first tell the trial court of the error before you can raise it on appeal. If the trial wasn't done right the first time, it makes winning an appeal harder. That's why it can help to involve an appellate lawyer early on.
2. THE APPELLATE PROCESS
Every case is unique, but the main steps in any appeal are (1) you file a notice of appeal, (2) the court prepares the record, (3) you file a brief explaining why the decision was wrong, and then (4) the appellate court reviews everything and makes a decision. Sometimes the court has oral arguments, where the justices who decide the case ask questions to better understand complex facts or legal issues, but no new evidence is presented.
This entire process can sometimes take up to two years. And if either side appeals to the supreme court, it could take even longer.
3. THE APPELLATE COURT'S DECISION
The appellate court looks at what happened in the trial court to determine error. Factual issues are usually left up to the judge or jury, making these issues more difficult to challenge. Legal issues are reviewed without regard to what the trial court did, making these easier to challenge. Usually, even if an error occurred, it must be harmful, meaning it was significant enough to require a new trial.
4. AFTER YOU WIN
Once you win your appeal, the case is usually sent back to the same trial judge for a new trial. The appellate court cannot make a new property division or custody arrangement. For some legal issues, the appellate court can issue a new ruling.
5. WHAT DOES AN APPEAL COST?
Because every case is different, there's no set cost. Factors like length of the trial, issues involved, complexity, and others can dramatically change the cost. Discuss these with your attorney
and determine whether the potential costs are worth the risk and reward. Would it cost more to appeal than what you could get in a new trial? Are you willing to be in front of the same judge in a new trial? Or are there potentially better options, like modifying custody later? You have the right to appeal. Discussing these issues with an experienced appellate lawyer can help you understand your options and decide what is best for your situation.
