It’s rare for both parties to be completely happy about the outcome of a divorce. By their very nature, divorces are about compromise, and since divorces include property, money and children, those compromises are painful. Although compromise is a major factor in most divorces, some final rulings favor one side due to a legal mistake made by a judge.
Judges are not infallible, and sometimes, mistakes do happen. The appeals process was set up for instances when one party feels that a legal mistake severely and negatively affects the outcome of their divorce. It’s important to note that the appeals process is fairly complex and the basis for appeals must be very concrete, legally speaking, so it is in your best interest to consult with an attorney before making the decision to appeal a ruling.
If you are hoping to appeal your divorce and are looking for a divorce lawyer in Queens or Statin Island, call us. At Elliot Green Law Offices, we offer a free initial consultation to help you determine if you have a strong enough case for an appeal. To schedule your consultation, Call Us At 718-260-8668 Today!
1. Under What Circumstances Should I Appeal?
Divorce Support explains that an appeal should be made if you feel that your judge misinterpreted the law or considered evidence that they should not have. In many cases, you can appeal if there was an objection that the judge dismissed.
In general, you should not appeal a judge’s decision about the facts of the case. For instance, just because the judge determined that your ex-spouse was better suited to raise your child does not mean that you have grounds to appeal.
You can also appeal if new facts have come to light that would have affected the outcome of the trial. For instance, if your ex-spouse committed fraud or concealed some of your shared assets to sway the decision, you may appeal.
2. Is There A Time Limit On Divorce Appeals?
Yes; in fact, the time limits associated with a divorce appeal are very strict. Generally, you will have about 30 days to appeal the decision, but your window could be as little as seven days, depending on which type of ruling the judge issued.
You could have longer than 30 days to prepare for your appeal. The 30-day time limit only applies to a “notice of appeal,” which informs the court system that you are planning to make an appeal.
As with any type of legal filing, it pays to have an expert on your side to represent your interests. At Elliot Green Law Office, we are proud of our reputation for absolute loyalty and respect for our clients. If you are considering a divorce or a divorce appeal, please call us to schedule a free consultation. Call Us At 718-260-8668 Today!