I Lost My Inheritance in an Atlanta Divorce: Can I File an Appeal?

While the loss of any asset can be painful during divorce, the loss of your inheritance can be particularly challenging. After all, your inheritance was something that your family gave to you, not your ex. If you’re not satisfied with the way your divorce went, you might be considering an appeal. Can you appeal your divorce in Atlanta if you lost your inheritance?

What Is a Divorce Appeal in Atlanta? 

In general terms, an appeal is when you ask a higher court to review a decision made by a lower court. In the context of divorce, this process occurs when you ask a higher court to review a decision made by the lower family court. If you’re concerned about losing your inheritance, you will likely need to appeal a decision made during property division proceedings.

You cannot file an appeal simply because you didn’t like the decision. You must have a valid reason or “grounds” for your appeal. When you file an appeal, you’ll explain why you think the lower court made an error. Your lawyer can help you with this process. Note that this process can be time-consuming, and you may incur additional legal fees and expenses.

Did the Court Make a Mistake When They Gave My Ex the Inheritance?

Yes, the court may have made some kind of mistake when they gave your ex part of your inheritance. Under normal circumstances, inheritance is supposed to be separate or indivisible. This means that you probably should have kept 100% of the value of your inheritance.

That being said, each case is different. The court may have rationalized its decision in various ways. If your inheritance was “commingled” with marital assets, this may have complicated things for the court. Perhaps the court didn’t bother to “unravel” the commingled assets. Maybe they never became aware of the fact that some of the marital assets were actually your inheritance. These are issues you might be able to raise during your appeal.

You Might Need to Re-Examine Your Finances 

If you’re serious about filing an appeal for an error like this, you might need to re-examine your finances. It may be necessary to trace the origin of your inheritance and its subsequent use. A forensic accountant could be helpful in this scenario, and your divorce appeal lawyer could also help you gather the necessary evidence. Speak with your lawyer for more information about the potential next steps.

Can a Divorce Appeal Lawyer in Atlanta Help Me?

If you’re concerned about the fact that you lost your inheritance, speak with a divorce appeal lawyer in Atlanta. These legal professionals have the necessary experience to help you explore your options in more detail. While online research is a positive first step, a conversation with a lawyer could prove more educational. Continue this conversation with Buckhead Family Law today.

Source: 

georgia.gov/file-divorce