Some people make the appeals process out to be a sort of 'magic bullet,' enabling you to get a second chance in your family law case - but that's not necessarily entirely true. Today, we're exploring whether you should consider filing an appeal in your family law dispute.
To schedule a consultation with our team and move forward with your appeal, contact us online or via phone at (731) 256-0023.
How Does an Appeal Work?
Many people think that an appeal is essentially a second chance at getting a different outcome for their legal dispute, but that's not necessarily the case.
If you receive a subpar outcome in your divorce, you can choose to file an appeal. A different court, named an appellate court, handles the appeals process. If the appellate court rules in your favor, it may choose to overturn the result of your divorce, enabling you to achieve your desired outcome.
What Are the Reasons to Appeal?
You can't just appeal the outcome of your divorce because you disagree with the court's decision. You can file an appeal for the following reasons:
- A court showed an unfair bias to a party or made errors during the court case (such as accepting the wrong type of evidence or losing evidence);
- The individual filing the appeal wants to introduce new evidence into the case to receive a different outcome;
- The other party purposefully misrepresented evidence in the case or slandered the party filing the appeal to receive a different outcome;
- The court made a legal error when handling the case, such as misinterpreting a legal precedent in the ruling.
If you want to try and change your case's outcome, you can file a motion to modify instead of appealing the outcome of the case. If the judge presiding over the case agrees that the initial divorce decree was somewhat unfair, the court can adjust some elements of your divorce order to make it more equitable for your circumstances.
At Casey, Simmons, and Bryant, PLLC, we'll work with you to find the best path forward in your divorce appeal or modification.
To schedule a consultation with our team, contact us online or via phone at (731) 256-0023.