Atlanta Appeals Attorney for Divorce
If you believe there was an error that resulted in an unfair divorce decree, contact the Atlanta divorce appeals attorneys of Kessler & Solomiany, LLC immediately. We might be able to file an appeal to get the decision reversed.
Appealing a judge’s decision in the state court of appeals is possible under specific circumstances. Overturning the decision in a divorce case requires proving an error of law or fact or a judge’s abuse of discretion. You can’t file an appeal just because you’re unhappy with the outcome. You must prove something happened that makes the judgment unfair or legally questionable.
Kessler & Solomiany, LLC has fought for clients’ rights since 1991. We can review your case to determine whether there are grounds to file an appeal and prepare you for the process. Call us at (404) 688-8810 for a confidential consultation to learn more about how we can help.
Appealable Elements of a Divorce Decree
A divorce decree is a court order issued by a judge indicating the divorce is final. It outlines the terms of the divorce, such as alimony and property division. You can appeal any part of your divorce decree, including:
- Debt division
- Child custody and visitation
- Property division
- Tax filing requirements
- Child support
Types of Appeals in Georgia
An appeal is a separate legal process related to the petitioner’s original case. It occurs after the judge files an official order. Three types of appeals are available in Georgia. The type of appeal you must file depends on the circumstances of your case.
The types of appeals in divorce cases include:
- Direct appeal – If the judge does not rule in your favor, you can file a direct appeal. However, there must be an error that led to the judgment. You can’t appeal a decision because you disagree with it. An appellate judge will review the appeal to determine if the trial court made any mistakes. They can send the case back to the original trial court, cancel the initial verdict, or reverse the decision.
- Discretionary application to appeal – Unlike a direct appeal, you must receive permission from the higher court to pursue a discretionary appeal. If approved, the court will review the evidence to determine whether the original ruling resulted from an error and enter a final decision on the matter.
- Interlocutory application to appeal – An interlocutory appeal also requires permission. You can appeal the trial judge’s order during your ongoing divorce case. The appellate and trial courts must decide whether to reject or grant a review of the filed request.
Grounds to Appeal a Divorce in Georgia
You must have grounds to file an appeal of a divorce decree or court order in Georgia. Common grounds in divorce appeals include:
- There was a conflict of interest
- There was a legal error or mistake in the law
- There was inadequate consideration of evidence and witness testimonies
- There is uncertainty about the law
- The judge did not follow court procedure
- Legal counsel was ineffective
- There was an error or mistake about the facts of the case
- An abuse of discretion occurred
- The judge made an error while interpreting and applying state law
The Legal Process for Filing an Appeal
You must follow specific steps to appeal a divorce decree in Georgia. The process can be challenging and confusing. That’s why hiring an experienced divorce appeals lawyer from Kessler & Solomiany, LLC is crucial. We can review all the documents from your divorce case to determine whether there are grounds to appeal the decision. We will prepare the necessary paperwork and a compelling argument to try to convince the judge that you received an unfair or unjust ruling.
File a Notice of a Divorce Appeal
The process starts by filing a notice of appeal in the court where your original case was decided. You must file for a direct or discretionary appeal within 30 days of the judge’s decision. However, an interlocutory appeal requires filing within ten days of an issued order.
Prepare a Record of Appeal
After filing the notice and providing copies to the other parties involved, you must prepare a Record of Appeal. You can request records from the clerk of court regarding your original case. Records can include pleadings, exhibits, filings, and other written material filed with the court during your divorce.
You also need a copy of the transcripts from the court reporter. These transcripts contain everything everyone said in court, such as each lawyer’s arguments, witness testimony, and statements the judge or other parties made during legal proceedings.
Submit the Appellate Brief
An appellate brief is a document with legal arguments supported by documents in the clerk’s records, applicable case law, and the court reporter’s transcripts. It goes to the appeals court for review.
Your lawyer might have to make a statement when they file the brief about whether they need to make an oral argument for the case. The court will determine whether to grant the request for oral arguments.
If granted by the court, your attorney can present their argument before the judge. Typically, arguments last no longer than 15 to 30 minutes. Attorneys can’t present new evidence or call witnesses to testify. They only speak about the facts of the case and explain the error the trial court made and how it affected the decision.
The appellate court will decide on the matter after listening to oral arguments and reviewing all the information received during the appeal. The court can send the case back to the original trial court to start a new trial or modify the initial decision, uphold the original decision, or overturn the decision.
Contact an Experienced Appeals Lawyer Today
An unfavorable outcome in a divorce case doesn’t mean you’re out of options. You can fight to protect your rights and seek action to overturn the decision. At Kessler & Solomiany, LLC, we have extensive experience representing Atlanta clients in appeals. We will provide the guidance and support you need to get through this challenging experience.