Family Law Appeals

An appeal is a distinct legal process, separate from your initial trial. It is not an opportunity to revisit the facts, submit new evidence, or call additional witnesses. Rather, the appellate court examines the court’s record to assess whether any legal errors occurred that may have influenced the final decision.

The skilled family law attorneys of Cordell & Cordell’s Appellate Practice Division are equipped to guide you through the complexities of the family law appeals process and are committed to protecting your interests at the appellate level.

At times, even with the best efforts, a client may leave family court feeling dissatisfied with the court’s decision. This is understandable, as family law cases involve what matters the most to many—children, property, and financial stability. Fortunately, if you believe the outcome of your case was unjust, there is another option available. You have the opportunity to appeal to a higher court. If the appellate court determines the original decision was unfair, it can overturn it or send the case back to the trial court for reconsideration.

What Is an Appeal?

An appeal is initiated when a party believes the outcome of their case was unjust in some manner and requests that a higher court review the lower court’s decision. Only final orders in which the judge has issued a complete and final ruling are eligible for appeal.

When an appeal is filed, the appellate court reviews the existing record from the original trial—including all evidence and documentation previously submitted. It’s important to understand that no new evidence or testimony may be introduced, and the trial itself will not be repeated.

Grounds for an Appeal in Family Court

Before pursuing an appeal, it’s essential to determine whether your case presents valid legal grounds for review. Consulting with an experienced Cordell & Cordell family law appeals attorney can help ensure that your case is eligible for appeal and you have the guidance needed throughout the process.

What Is the Appeals Process?

Initiating the Appeal:

• The appeal process starts with the filing of a Notice of Appeal, which must be submitted within a strict deadline after the final order or judgment is issued.
• Failing to meet this deadline may forfeit your right to pursue an appeal.

Preparing Your Record:

• The appellate court reviews the existing trial court record, including transcripts, pleadings, and exhibits, without considering any new evidence.
• It is crucial that the record precisely reflects what transpired in the trial court, as it serves as the foundation for the appeal.

Writing and Filing Briefs:

• The appellant’s brief, prepared by your attorney, sets forth the legal errors claimed to have taken place during the trial.
• The appellee’s brief, filed by the opposing party, argues in support of upholding the trial court’s decision.
• In certain cases, a reply brief may be submitted to respond to the arguments presented in the appellee’s brief.

Oral Argument (if applicable):

• Some appeals feature an oral argument, during which attorneys present their positions directly to the appellate judges.
• However, oral arguments are not guaranteed in every case, as many appeals are decided based solely on the written briefs.

The Decision:

• Once the appellate court has reviewed the briefs and the trial court record, it will issue a written opinion outlining its decision.
• The court may affirm (uphold) the original ruling, reverse it, or remand the case to the trial court for further proceedings.

Schedule an Appointment with a Cordell Appellate (Division) Attorney Today

At Cordell & Cordell, we are dedicated to representing clients in all facets/areas of family court. The attorneys in our Appellate Practice Division are accomplished in handling family law appeals—a specialized area that many family law firms do not focus on. Whether initiating an appeal or defending against one filed by the opposing party, our team is prepared to advocate on your behalf.

For a committed partner who will listen carefully and champion what’s in the best interests of you and your family—Cordell & Cordell is here to help. To schedule a consultation, contact us at 866-323-7529.