Before you make the decision to appeal your divorce decision, you should be aware that the process is extremely rare and is far from easy. What an appeal does is state to the court that you were not happy with the previous decision, that you believe the decision was not equal, or that the law didn’t support the final judgement.
If you are considering this, make sure to consider it carefully. It will be expensive, and it often takes much more time than the first trial. In addition, not every attorney who practices family law in Orange Country takes these sorts of cases. You also often have only 30 days from the date of the divorce entry to make that appeal, so time isn’t on your side. Here are the steps that take place during this process.
Filing of an Appeal
A Notice of Appeal is what provides the adverse party and trial court with the knowledge that an appeal is going to be filed. The appeal typically includes a file brief which will list out the reasons for the appeal. You will be required to pay for the transcript of the trial and any other paperwork, such as evidence or documents that must be included with the appeal.
There are specific protocols for how to format the appeal, which only an attorney of family law in Orange Country will fully understand. The protocol includes what documents to submit and which sections must accompany your brief. The documents themselves must be filed with the Appellate Court District where the Trial Court is. The following individuals must get copies:
- Appellate court
- Representing attorneys
- Trail court
After the court has looked over all briefs, been privy to all oral arguments, and has a chance to review the record from the trial court, it is possible for a judge to reverse the original ruling or require a new trial. The court is not going to review any new evidence or hear testimony from witnesses or parties involved.
You should not attempt to file an appeal on your own. You need family attorneys, such as those at Saylin & Swisher LLP. We can serve as counsel and help you through the appeal process. We’ll help you make the best decisions and understand your legal rights. You can get in touch with us for a free consultation by visiting us. You can connect with them on Facebook for more updates!