Philadelphia Divorce Appeal Lawyer
Divorce is an adversarial process, and so there is a good chance that one of the parties will be dissatisfied with the court’s order after a contested hearing. However, at times, an adverse outcome is the result of legal or factual errors by the divorce court judge. In such a situation, you may be wondering about your options for divorce appeal. With this process, either party can request that the appellate court review what transpired at the hearing and resolve possible mistakes.
However, appeals are very different from what you experienced in divorce court. Some orders cannot be reviewed, and the legal issues before appellate judges are extremely narrow. Whether you are in the position to seek or defend an appeal, you can count on the Law Offices of Lauren H. Kane for skilled representation. Please contact our firm to schedule a case evaluation with a Philadelphia divorce appeal lawyer who can describe how the process works. A summary of the concepts is also useful.
Divorce Court Orders That Can Be Appealed
Initially, you should understand what an appeal is and is NOT. The appellate process is not intended to be a do-over of your case, and the justices will not review any new evidence. The basis for the decision is how alleged errors may have affected the outcome, so the only facts that the appeals court judges review are what is contained in the trial court record. Plus, you can only appeal a final order entered by the court; interim decisions and findings are not subject to the appellate process.
A divorce appeal should also be distinguished from modifications to divorce court orders. If some ruling by the judge becomes unworkable, you go through modification instead of the appellate process.
The orders that can be appealed after divorce include decisions on:
- Marital versus separate property;
- Decisions on whether property division complies with equitable distribution principles;
- Whether alimony is appropriate;
- The type, duration, and amount of spousal support;
- Custody, visitation, and support for minor children;
- Legal costs and attorneys’ fees to be paid by one party to the other; and,
- Many others.
Results in Divorce Appellate Cases
The basic foundation for appeal is that the judge made a mistake by not correctly applying the law to the facts, thereby resulting in an error that affects the final divorce decree. However, the process rarely results in a direct victory for one party over the other. Instead, if appellate judges identify an inconsistency, it is more likely that they will remand the case with instructions for the lower court judge.
Often, this means you will have to go through a contested hearing again on the issue that was the subject of the appeal. For instance, if an item of marital property should have been designated as separate, there may be additional proceedings to determine equitable distribution.
Help with Pennsylvania Divorce Appeals
There are numerous tasks involved with the process, and the Law Offices of Lauren H. Kane will tackle all challenges. A Pennsylvania divorce appeal attorney supports you by:
- Accessing the trial court record;
- Drafting documents to initiate the appeal;
- Filing a brief to support your appeal OR a brief arguing why the trial court was correct; and,
- Preparing for and attending oral arguments before the appellate court.
Consult with Philadelphia Divorce Appeal Lawyer About Options
If you believe the judge made an error when determining an issue in your divorce case, time is of the essence to consider your appellate options. You can see how these proceedings are complex, so rely on the Law Offices of Lauren H. Kane for assistance. Please contact our firm today to set up an initial consultation with a knowledgeable Philadelphia divorce appeal lawyer.
