Atlanta Alimony Appeals Lawyer
When it comes to family law, alimony can be one of the most contentious issues. It is also an area where disagreements and misunderstandings can quickly arise. If you are considering an alimony appeal, you should know that the process is complex and potentially confusing. To help protect your rights and interests, consider hiring an experienced Atlanta alimony appeals lawyer to take on your case. Contact Kessler & Solomiany, LLC today at (404) 688-8810 to find out how our appeals lawyers can help.
Alimony Appeal vs. Modification
When considering an alimony appeal, it is crucial to understand the difference between an appeal and a request to modify alimony payments. A court may consider an appeal if a significant error occurred during the trial. For example, there might be an error in the facts of the case.
You can also make a request to modify alimony payments if circumstances differ from what they were at the time of the decree. Regarding modifications, there are two main reasons why a court can modify alimony in Georgia. The first is if one former spouse experiences a significant change in income or financial status. The second is if one spouse cohabitates with a third party in a sexual or romantic relationship, also known as the “live-in lover” law.
Types of Appeals
In Georgia, either party in a family law case may appeal a court decree. There are three methods for filing an appeal in Georgia: Direct appeal, discretionary appeal, and interlocutory application to appeal.
- Direct appeal: A direct appeal allows a party to appeal the judgment of a family law case if they believe the lower court made an error. To file a direct appeal, you must file a notice of appeal with the court clerk that issued the family law order within thirty days.
- Discretionary appeal: You must file discretionary appeals with the Georgia Court of Appeals within thirty days. Discretionary appeals allow the court to decide if there is a basis to review the case.
- Interlocutory application to appeal: An interlocutory application appeals a family court order made during a trial. The trial court will determine whether or not to grant a review of the order. You must file this within ten days of the order.
What Are the Grounds for Alimony Appeal in Atlanta?
When a divorce is finalized, the court may order one spouse to pay the other alimony (also known as spousal support). In some cases, if there is a significant change in circumstances, either spouse may decide to seek an appeal of the alimony order. The following are some of the most typical grounds for filing an appeal:
- You believe your lawyer was ineffective or incompetent.
- There was an error in the facts of the case.
- There was a legal error.
- The judge applied the law in the case incorrectly.
- The court didn’t consider witness testimony or other evidence.
- There was an error in calculating the amount of alimony.
- The judge didn’t follow the procedures of the court.
Georgia Alimony Appeals Process
If you recently went through a divorce and want to appeal the alimony decision, it’s essential to understand the legal process in Georgia. The appeal process starts with filing a notice of appeal within 30 days of the judge entering your divorce decree. You must also provide a copy of the notice to the other party.
Once you have filed your notice of appeal, the next step is to obtain transcripts of the court hearings held in the case, including any oral arguments made during the trial. These transcripts will form the basis of your appeal.
To make your argument for the appeal, you must craft a written brief and an oral argument. Your brief should outline the grounds of your appeal and provide any relevant evidence and legal precedent. In addition, the respondent may file a brief response to the arguments presented in your brief.
The last step in the process is to present your arguments to a panel of three judges who will review the case and make a decision. They will consider both sides of the argument before issuing their ruling. Depending on the case’s complexity and the court’s caseload, this could take several months. The appeals court may dismiss your case, affirm the trial court’s ruling, or reject the trial court’s ruling.
How a Family Law Appeals Attorney Can Help
An experienced family law attorney is essential when appealing an alimony order. A qualified family law appeals attorney can help you navigate the appeals process and advocate for your rights. They can provide personalized advice and represent you throughout the proceedings. Additionally, they can file the necessary paperwork, draft any legal documents, and argue your case in front of the court.
An experienced alimony appeals attorney will also be familiar with the court’s procedures and understand how to work with judges and opposing counsel. Having a knowledgeable attorney by your side throughout this process can be beneficial as they can help you make informed decisions along the way. Furthermore, they will help ensure that you abide by the court’s timeline and filing requirements and help protect your rights and interests throughout the appeals process.
Speak With an Atlanta Alimony Appeals Lawyer
If you are considering appealing a court’s alimony order, it is important to speak with an experienced Atlanta alimony appeals lawyer as soon as possible. An Atlanta appeals attorney can explain the process and help you navigate the complex legal system to achieve the best result.
At Kessler & Solomiany, LLC, our team of knowledgeable attorneys has decades of experience handling family law matters. Our lawyers are dedicated to helping clients reach a favorable outcome in their alimony family law appeals cases. We understand how emotionally draining the appeals process can be, so our lawyers strive to provide compassionate, responsive service that gives our clients peace of mind. Call us today at (404) 688-8810 for an initial legal consultation.