Can I Appeal My Divorce?
Appeals Defined
Contrary to what many have been led to believe, an appeal is not just an automatic “do-over” that anyone can file anytime they don’t like the outcome of their civil or criminal case. While appeals are definitely possible in both civil and criminal cases, it’s not a free pass to have a new trial all over again just because things didn’t go your way. In the simplest terms possible: when you file an appeal, you are alleging that there was a mistake or error that occurred during the proceedings and that the evidence presented should be reviewed again. In civil cases, you will need to prove that there’s a legal basis for an appeal of a judge’s decision. Generally speaking, you only get one chance to appeal, though you can appeal up to the highest court of your state when it comes to the family law matters. This means that you usually can’t file an appeal based upon one issue, have the appeal denied, and then file again for a completely separate issue. Typically, when you file an appeal, you file an appeal for all mistakes made during the case.
Why Do People Appeal Their Divorce Decrees?
Most people don’t want to appeal their divorce decree. After all, if you appeal your divorce decree, and you’re successful, you could overturned, meaning you might still be legally married until whatever issue has been resolved—and it can take a while to resolve some issues. People may file an appeal because they believe that there was a mistake in the judge’s discretion—a misapplication of the law, perhaps. Appeals may even be made if the court has ordered a person to do something they cannot actually do. For example, if you were ordered to pay your ex alimony, but you are unable to pay the amount the court has ordered you to pay, you may be able to appeal the decision. There can also be other reasons for an appeal. If you are filing an appeal, it will likely be worth your time to consult an attorney and follow their advice.
Appeals vs Modifications
Divorce decrees are frequently modified, especially when children are involved. This is because circumstances change, and it may be necessary that the decree reflects those changes. For example, one parent may not be available for their parent-time since moving across the country, or one person may no longer need alimony now that they’ve remarried. These items may be modified, but that’s different from an appeal. Modifications do not allege that a mistake has occurred making the initial ruling void. They simply change the arrangements moving forward to more closely fit each person’s circumstances. If you need to modify your divorce decree, you may still want to have an attorney, however you will not need to go through the same process as an appeal.
Is an Appeal Worth It?
It depends on your circumstances. While an appeal may be worth it for some, it may not be worth it for others. When you’re considering an appeal, it’s important to speak with an attorney who knows your case and can guide you through a cost-benefit analysis. Appeals can be long and expensive. Even if you win, the value of winning may not be outweighed by the cost of your appeal in the first place. For example, if you find out that your ex hid assets and you’d be entitled to more than what you were given, the value of the assets you’d be awarded may not outweigh the cost of the appeal. Outside of high-asset divorces, it often does not make sense to appeal a decision.
How Long Does an Appeal Take?
The length of the appeal can vary from case to case. If the case is particularly complex, an appeal can take well over a year, potentially even two years or more. Therefore, the idea of an appeal becomes unattractive to many people as those divorcing typically prefer to have the divorce over with as soon as possible. The longer and more complicated the appeal the more expensive it generally is.
When You Need Legal Advice
Divorce can be complicated enough as it is, but when you have to worry about appeals, it’s an even more complicated process. If you’re going through the divorce process, and you need help with post-divorce modifications, appeals, or any other complicated matter, it may be time to consider an attorney. At CoilLaw, our attorneys are dedicated to helping our clients through the most difficult times. If you’re ready to hire an attorney to advocate for your rights, contact CoilLaw today for an initial consultation.
