Is It Worth Filing a Divorce Appeal in Atlanta?

Many spouses assume that once they receive a negative decision from the family court, they must accept the ruling. However, an appeal could be possible – and this may drastically alter the course of your divorce case. How do you know whether filing an appeal is even worth your time and money? What is the likelihood of success? These are questions you might want to ask your divorce attorney in Atlanta.

Was There a Substantial Error in Your Case?

 To determine whether an appeal is worth it, consider whether or not there was a substantial error in your case. This is the only possible way to file an appeal, and you cannot simply ask the court to review a decision because you didn’t like it. You are required to establish some kind of error before moving forward with your appeal, and this is called the “grounds” for an appeal.

So what are some examples of substantial errors that might have occurred during your divorce? The most obvious is a misinterpretation or misreading of the law. Perhaps a judge simply didn’t read a section of the family code correctly. Maybe they based their decision on outdated knowledge and not the most recent updates.

Perhaps a judge failed to admit evidence that could have changed the trajectory of your divorce case. Maybe you had evidence that your ex committed some kind of misconduct during the marriage, including abuse or asset concealment. If the judge refused to allow you to enter this evidence into the record without a valid reason, you may have grounds for an appeal.

Weighing the Risks Before Moving Forward With Your Appeal 

You should know that there is always an element of risk when filing an appeal. Although some appeals have a higher chance of success than others, higher courts are inherently reluctant to “second-guess” decisions made by lower-court judges. Even if the lower court judge’s decision was questionable, a higher court will likely uphold it unless it is blatantly incorrect. There is some room for interpretation when it comes to family law, and it wouldn’t be very efficient if judges were constantly having their decisions reversed by higher courts.

Filing an appeal can also be costly and expensive. Spouses should think carefully about whether it is truly worth pursuing this course of action. If the initial decision resulted in minimal losses and harm, it may make more sense to simply accept it and move on with your life. If the potential rewards of a reversal are high, however, it may be worth moving forward with an appeal.

Can a Divorce Lawyer in Atlanta Help Me With Appeals? 

If you’re ready to discuss the possibility of a divorce appeal, you can speak with experienced family law attorneys in Atlanta today. Choose a law firm that has experience in divorce appeals – such as Buckhead Family Law. If an appeal seems like a worthwhile choice, we can guide you toward positive outcomes. Book your consultation today to get started.

Sources: 

georgia.gov/organization/georgia-court-appeals

georgia.gov/file-divorce