The U.S. divorce rates are still relatively high despite declining annual rates, and it is estimated that the divorce rate among first marriages will be 41–50%, 60% for second marriages, and 73% for third marriages.
Divorce and custody matters will not only impact your life in the long run but also your finances and your relationship with your children. If you believe the decision was incorrect or that an error was made, it may be possible for you to appeal.
According to a family law appeals attorney in Palm Desert, you and your loved ones deserve to be protected through effective appellate representation, as they will work efficiently and tirelessly in the face of lengthy litigation and the seemingly never-ending legal battles that appeals bring.
An appeal has one of its characteristics in that it does not simply involve reiterating one’s argument. If an appeal is made, it becomes necessary to give the reasons for it, such as a legal mistake, breaking of procedural rules, or lack of evidence against the ruling.
Let’s take a look at the various reasons one can employ to dispute a divorce or child custody decision in court.
Understanding the Appeal Process
The appeal process is available to anyone convinced that the divorce or custody decision was unfair. It is not only a matter of feeling wronged but also of knowing which legal options are relevant to one’s case.
In certain situations, like filing for joint custody in Louisiana and other states, the parents may encounter varied regulations that can impact the custody grant or appeal process. Acknowledging these differences helps in the right positioning of your motion or appeal according to the state law.
Should you think that the outcome was not right, you could always take advantage of your right to an appeal. First of all, collect the papers along with any evidence that has to do with the case. You need to recognize the timeline for an appeal. Missing it might terminate the right to contest the decision.
You will be required to present a document for the appeal that will unambiguously express the motives for your wish to reverse the ruling. A family law lawyer could help you draft this document.
Common Grounds for Appeal
Appeals inevitably provide a platform for parties to establish common grounds for appeal in divorce or custody cases. Everybody often questions a predisposition or unfairness perceived during the trial by a party that has been aggrieved.
A gross mistake in applying the law makes the matter an excellent basis for an appeal. Situations where newly discovered evidence could have influenced the decision may give rise to an appeal.
The other important reasons are insufficient legal representation or not taking into account important evidence. The court must be given legal reasons to believe there was an error in the judicial proceedings. Merely feeling discontented with the court’s ruling is not adequate ground for an appeal.
It is good to contact those who have or have had the same or closely related problems for encouragement.
Evidence and Documentation Requirements
During an appeal, it is necessary to collect powerful proof and documentation for your case. If it is not too much of a hassle, get the court transcripts. The transcripts are the only documents that provide a precise account of what happened in the first hearings.
Collect all possible new evidence that might have come out during the time gap. Testimonies of witnesses or the opinions of experts may be classified as new pieces of evidence among the documents. Provide any documentary proof showing alterations in a person’s situation, for instance, a change of residence or job. Maintain your organization well. Clarity will support your appeal.
A timeline can be helpful to accentuate your points. Thorough preparation can show that you really care about the appeal and make all the difference.
The Role of Legal Representation
It is a very important step in the appeal process to collect evidence and documents, but no matter what your situation is, good legal representation can greatly increase the chances of winning your case. The lawyer knows family law and can protect you during the legal proceedings.
An attorney shall advocate for you to negotiate this complicated situation and have an opportunity to present a compelling argument while preserving your rights. The attorney acts as a teammate who will support you instead of just winning the case for you.
During the entire appeal process, having a person with experience in appeals will eliminate some of the worries and increase the trust in the process. The lawyer will not only give you legal advice but will also provide you with information regarding the strategy, deadlines, and options that can make the appeal less of a hassle.
They will support you while you discuss the solution that you are entitled to.
Factors to Consider Before Filing an Appeal
The case’s situation has several factors that could influence your decision to appeal. Verify the very basis of the appeal. Are there legitimate grounds to challenge the ruling? Check whether the appeal will inflict emotional and financial costs upon you.
Evaluate if the benefits of the appeal outdo those costs. Reflect on the time since those appeal matters are lengthy, sometimes lasting months or a year. Always speak with your lawyer about your chance of success.
If the problem involves children, take care not to provoke human relations. It is important to find what is best for you and your family.
