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FAQ about appealing family law judgements

On Behalf of | Oct 10, 2022 | Divorce

Family law judges make final decisions that impact couples, parents, and children.

Occasionally the result is not what one or both parties want, and they might consider appealing. Reviewing these frequently asked questions can make it easier to know what to expect if you appeal your case.

What types of cases can you appeal?

When appealing a family law case, you can only contest the judge’s final orders. A final order is an official ruling on:

  • Alimony
  • The division of assets
  • Child custody and support
  • Modifications

An appeal is not an opportunity to enter new evidence in your case. A panel of judges reviews the original trial documents and determines if the decision stands, gets vacated, or requires a new trial.

When is it worth appealing a decision?

In family law trials, you trust the judge to make well-informed decisions. However, sometimes judges make mistakes that impact the outcome of a case. There are some instances when you can file an appeal, such as:

You only have 20 days after the final decision to file an appeal.

What’s the difference between appealing a case and requesting reargument?

Reargument is similar to an appeal as it allows you to seek a review of your case when you believe the judge made errors. Litigators file rearguments directly with the court that tried the original case, which allows that judge to review the facts and fix their mistakes. If they do not rule in your favor, you may proceed with filing an appeal.

While you can not appeal all family law cases, knowing when you may might encourage you to seek a lawful decision.