There are people who walk away from a family law trial or hearing feeling like justice was not done. They may feel like the judge was unfairly biased, that the other party was awarded too much money, or that the order makes for an otherwise unworkable result. In these circumstances, people are often wondering what their options are. There are a few ways to appeal a family law decision. One option is to ask the courts to reconsider its decision. Another is to ask for a revision. There are other methods to seek a change to orders that may be used in certain circumstances. Regardless of what type of appeal you are considering, it is usually a good idea to think about the following:
1. Timing. There are limitations on when motions for appeals may be brought. It is important that your appeal is filed prior to the deadline. If you do not appeal in a timely fashion you will lose your opportunity to do so.
2. Cost. There are times that the cost of appealing a court order is not worth the benefit you would receive from successfully doing so. If there would be significant legal costs associated with your appeal, and only a limited gain if you are successful, it might not be worth pursuing.
3. Procedure. Depending on how you plan to appeal the court’s decision, you may be limited on what you are able to present to the court. In some cases you will be limited to only evidence presented to the court on your first appearance. In other instances, you may be able to present new evidence.
If you are unhappy with your family law order, it is likely in your best interest to speak with a family law attorney about whether or not it is in your best interest to appeal the court’s decision. Your attorney can advise you on the timing, cost, and procedural issues involved in your specific circumstances. Please contact us with your questions.