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Times to consider appealing your divorce ruling

On Behalf of | Apr 11, 2023 | Divorce

The emotional nature of divorce cases often leads to one party’s disagreement with the final ruling. Disagreeing with a ruling is not sufficient reason to file an appeal. That does not mean you cannot appeal a family law ruling.

There are three instances when you could appeal the final ruling in your divorce case.

Was there a mistake in the application of the law?

Despite every best effort, sometimes a judge makes a mistake in the way they apply the law in a case. For example, they might exclude evidence that the law would otherwise permit. Sometimes, they might permit the introduction of evidence that the law deems inadmissible. If you believe your judge made an error in applying the law, you can appeal the ruling.

Does the evidence contradict the ruling?

If evidence introduced in the case directly contradicts the judge’s ruling, you can file an appeal. One example of this is a judge who awards property to one party in the divorce despite documentation that the other spouse purchased and personally owned the item.

Did the judge show bias in the case?

The Bar Association requires judges to remain impartial and rule based on the rule of law. When a judge’s behavior shows a clear bias toward or against one party in a divorce, the negatively affected party may appeal the ruling.

If there is evidence of wrongdoing in the application of law, the interpretation of evidence or bias in the court, file an appeal. Gather evidence to justify your appeal for the best chance of success.