Examples of Divorce Appeals in Atlanta
When a spouse files a divorce appeal, they ask a higher court to review a lower court’s decision. At face value, this might seem like a simple process. However, it is often more complex and challenging than spouses realize. It may also be difficult to envision what a successful (or unsuccessful) divorce appeal in Atlanta actually looks like. Consider these recent examples of divorce appeals for greater insights:
Divorce Appeal Makes Personal Injury Award Marital Property
A recent case involved a husband and wife who divorced after a major explosion injured the husband. This injury was caused by a contractor installing a fiber optic cable, and a mistake involving a gas line completely detonated a nearby building. The husband was eating inside the restaurant, and he suffered a traumatic brain injury. He was lucky to survive.
Unfortunately, the brain injury allegedly changed the man’s personality – to the point where the wife felt that she no longer knew the man she once married. Not only did the accident lead to personal injury lawsuits, but it also led to divorce.
Each spouse filed their own personal injury claims against the contractor. The wife claimed loss of consortium, and the husband claimed various damages associated with his traumatic brain injury. Both payouts were structured as separate annuities.
During the divorce, the husband pushed the court to award him his wife’s annuity, arguing that she only received the funds because she promised to be his caretaker for life. The lower court instead found that each annuity was separate property. The husband appealed, pushing to have his wife’s annuity declared marital property. Ultimately, the court found that both annuities were marital property, and that both were subject to division. As a result, the husband clearly would have been better off if he had never filed an appeal in the first place.
Recent Appeal Finds That Judge “Wrongly Ignored” Prenuptial Agreement
Another recent divorce appeal involved a prenuptial agreement. During the initial divorce litigation, the family court judge seemed to overlook the existence of a prenuptial agreement. The aggrieved spouse filed an appeal, and the higher court determined that the judge was wrong to simply ignore this document. These kinds of appeals are essential for spouses who rely on their prenuptial agreements to ensure positive financial outcomes. If a judge ignored your prenuptial agreement, you may be able to file a similar appeal.
Should I Work With a Divorce Lawyer When Filing an Appeal in Atlanta?
If you want to pursue positive outcomes when filing divorce appeals in Atlanta, it makes sense to work with an experienced lawyer. As the aforementioned examples highlight, divorce appeals can take many forms. Online research alone may provide basic pointers, but it cannot provide you with a personalized strategy. Discuss your unique goals and priorities with the Atlanta divorce lawyers at Buckhead Family Law as you approach your divorce appeal.
Sources:
kansasreflector.com/briefs/kansas-appellate-courts-says-marital-property-in-divorce-cases-includes-personal-injury-awards/
azmirror.com/2024/10/10/appeals-court-rules-gallegos-divorce-records-should-be-unsealed/
azmirror.com/2024/10/10/appeals-court-rules-gallegos-divorce-records-should-be-unsealed/
