Divorce is a difficult time in anyone’s life, emotionally and financially. While no one wants to see their marriage fall apart, once the case starts, it is natural to look forward to when the case will be over. Divorce proceedings can absorb a lot of time and financial resources, so it is common to count the days until the final hearing. If you have a contested divorce, it is possible that once the final hearing takes place, the result may not be what you expected. If you disagree with the judge’s decision in your divorce, you may want to consider whether you should appeal.
In an appeal, you will not have another trial. Instead, your attorney and the other attorney will write detailed briefs to the court of appeals describing and explaining your respective positions. There are specific reasons why a court of appeals may overturn a trial court’s judgment. These reasons include issues such as a decision against the great weight of the evidence or misapplication of the law. Simply asking the court to take another look is not included in the reasons why the appellate court may review the decision. Divorce appeals are difficult to win, as the presumption is that the trial court properly weighed the evidence and arrived at the correct conclusion. Appeals are subject to very strict deadlines, so if you believe you want to appeal your divorce decree, you need to talk to an attorney immediately.
As an alternative to appeals, you should consider filing a modification action in the future. This is especially true concerning child custody. To modify a child custody order, you will need to show that there has been a material and substantial change of circumstances since the entry of the divorce order. You will also need to demonstrate that the new order you propose is in the child’s best interest. If, for example, you can demonstrate that your child is not doing well with the custody arrangement ordered by the trial court, that can be a reason for the trial court to take another look at the custody order and modify it to better suit your child.
If you have questions about how to move forward from an unfavorable divorce order, you need to talk to an experienced attorney right away. Call us today at (651) 371-9117. We can talk with you about your options and what can best achieve your goals.