An appeal may be appropriate if there are procedural, legal, or factual issues at the time of trial or in the trial court’s ruling. Pollitt & Stith have extensive experience evaluating the potential grounds for appeal for their clients and persuasively briefing and presenting complex issues before the Court of Appeals.
Grounds for Appeal in a Divorce Decision
Appellate courts are interested in the specific legal reasons a party believes a trial court’s decision should be appealed. Rather than addressing the divorce case itself, its details, or dissatisfaction with the outcome, the appeals court reviews errors of law or aspects inconsistent with correct legal standards. If the appellate court agrees with the grounds for appeal, it may reverse a decision or remand the case back to the trial court. We employ our advanced legal knowledge of family law and appellate law to ensure there are legitimate grounds for appeal. An attorney on our team effectively communicates the error via the notice of appeal, preparation of the trial court record, and appellate brief to protect our client's best interests in light of any legal errors. Grounds for appeal in a divorce ruling can include:
- Errors of Law: The most common ground for appeal includes arguments that the trial court incorrectly interpreted or applied the law. For a divorce, this could be a misapplication of the statutes governing the division of property, alimony, child support, or custody arrangements.
- Procedural Errors: The outcome of a case may be affected if the court fails to follow proper legal procedures. Examples include improper admission or exclusion of evidence, failure to follow rules for the timely filing of documents, or the proper notification of parties, etc.
- Abuse of Discretion: If a trial court's decision is found to be arbitrary, clearly illogical, or unreasonable based on the facts and law, there may be grounds for abuse of discretion. Courts often have wide latitude in deciding on custody, support, and asset division, but those decisions must be based on the facts and applicable laws.
- Insufficient Evidence: A decision apparently made on insufficient or ignored evidence can be grounds for appeal. This can be a factor in divorce cases involving inaccurate asset valuations, accusations of hidden assets, allegations that affect custody, etc.
- Failure to Consider Relevant Factors: Again, often regarding the division of assets, support, or custody, the court may have failed to consider specific factors or give them appropriate weight in the decision-making process.
- Violations of Constitutional Rights: While less common, constitutional rights violations can occur in divorce proceedings and warrant an appeal. Examples include interference with parental rights, discrimination against gender or race, violation of due process in giving proper notice, or in a significant decision on property division or support.
