Appeals

Family Law Appeals

Appeals can be taken when a party is dissatisfied with a judgment or order issued by the court following a trial or a hearing. The order must be a final judgment, which means that there is an interest which will not be affected by subsequent orders or which would result in some kind of permanent loss. For example, even though custody orders and financial orders can be changed by subsequent orders, pendente lite or temporary custody or alimony orders can be appealed immediately.

At Reich & Truax, PLLC, our family law attorneys can help guide you through the appeals process and determine the best options for moving forward with your case.

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Appeals And Court Considerations

When an appeal involves whether the trial court correctly understood the law, the appellate court reviews the case under a plenary standard of review, meaning an extremely close look is taken at how the law was construed. When an appeal involves the trial court’s application of the law to the specific facts of the case, the court merely considers whether the trial court abused its vast discretion in entering its orders. It is much more difficult to have a case reversed on abuse of discretion standards than on plenary standards of review.

You Must Act Quickly If You Wish To Appeal

Appeals are time-sensitive and must be taken within a short period following the issuance of the decision. Appeals are heard by the appellate court as a matter of statutory right and by the Supreme Court only upon request. Briefs are submitted to both sides to the appeal and, in cases involving custody or parenting issues, by the guardian ad litem or attorney for the minor child. Arguments are then held before a three-judge panel. From start to finish, the appeals process usually takes approximately 12 to 18 months.

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