Do You Have Grounds To Appeal A Court’s Family Law Decision?
Clients who have endured the difficulties of litigation may face the ultimate challenge when their cases go to the appellate courts. Those who have won their cases must defend their success. Those who have lost face the even greater challenge of reversing an unfavorable outcome. Successful appellate advocacy requires the highest level of legal experience and expertise. Many attorneys who are fully competent to represent their clients through trial recommend that their clients retain specialized counsel to handle appeals. Goldschmidt & Genovese, LLP applies knowledge developed through years of experience to evaluate the court order in question for a potential appeal. We have prosecuted or defended appeals involving numerous issues of matrimonial and family law, including:
- Property division
- Discovery of hidden assets after a divorce
- Child Support
- Child custody and parenting time
- Modification of agreements and court orders
- Enforcement of court orders
- Counsel Fees
The Goal Of An Appeal: A Right Result
When a family law court issues an order, the losing party (the “appellant”)has 30 days to file a notice of appeal. That party then has a specific amount of time to “perfect” the appeal; i.e., to prepare a “record on appeal,” consisting of the trial court’s decision, the transcript, and certain other important documents, and to submit a brief to the appellate court detailing why the original case outcome was based on mistakes involving facts or the law. The winning party (the “respondent”) also has a specific amount of time to prepare and submit a brief. Oral argument before the Appellate Division may occur if permitted by court rules. At the conclusion of an appeal, the Appellate Division will issue a decision as follows:
- Reversal: The court will determine that the appealed court order was wrong and change it.
- Remand: The appellate court will tell the trial court to hear the case again.
- Affirmation: The appellate court will agree with the original decision, and the court order in question will remain in force.
- Modification: The appellate court will change some part of the original court order but not all of it.
At Goldschmidt & Genovese, LLP, we place a high priority on protecting our clients’ rights and best interests at all stages of a case, including in appeals as necessary. We prepare every court filing as if it will be appealed. That way, we are always ready to file appeals on our clients’ behalf in a timely manner.
Ask An Attorney About A Divorce, Custody Or Support Appeal
If you believe there is a reason to appeal your family law court order, let us explore the possibility with you as soon as possible. If you are a lawyer whose client’s case may merit an appeal, please let us know how we can help.