What Are the “Grounds” for Divorce Appeals in Atlanta?

When spouses file an appeal during divorce proceedings, they ask a higher court to review a decision made by a lower trial court. Appeals therefore give spouses “second chances” to push back against unfavorable outcomes at the trial level. While you might have the right to file an appeal, the appellate court is not obliged to give you a hearing. To ensure success at the appellate level, spouses should have sufficient “grounds” for divorce appeals in Atlanta. What exactly does this mean?

Legal Errors

Many spouses file appeals after experiencing legal errors during their divorce trials. These errors can come in various forms, and each case is slightly different. That said, a common legal error is to incorrectly admit or exclude certain evidence.

If the court excluded evidence that you feel should have been admitted into the trial record, you may be able to file an appeal. For example, the court may have prevented you from presenting certain evidence because you allegedly collected it in an unlawful manner. Perhaps the court accused you of wiretapping or tracking your ex illegally.

If you believe you did not break any laws when collecting this evidence, you may be able to file an appeal. This appeal should be legitimate as long as you can prove that the evidence was wrongly excluded, and that it would have changed the outcome of the divorce trial. The same basic logic applies to evidence that you felt should have been excluded.

Other legal errors that could lead to an appeal include misinterpretation of statutes, deviations from standard court procedures, mistakes regarding the facts of the case, and much more. 

Abuse of Discretion 

A civil court has considerable discretion over matters related to divorce. However, this discretion only goes so far. If you believe that the judge went beyond their jurisdiction and made decisions that seem completely arbitrary in nature, you have grounds for a valid appeal. These decisions might seem unreasonable, and they might go beyond what a judge is allowed to do under normal circumstances. While appellate courts tend to give judges the freedom to make various decisions, they may step in if a judge seems to be exercising their power in an irresponsible manner. 

Bias or Unfairness 

You can also appeal a divorce-related decision if it feels unfair or biased. The court is supposed to treat both spouses equally without giving special treatment to either party. If you feel as if the judge seemed to favor your ex throughout the trial, you may have grounds to file an appeal.

Can a Family Law Attorney in Atlanta Help Me File a Divorce Appeal?

If you need to determine whether an appeal is possible, consider speaking with a divorce lawyer in Atlanta. These legal professionals can review your case and help you assess whether you have sufficient grounds to file an appeal. There are many valid reasons to file appeals. Do not dismiss this possibility after conducting basic online research, because a lawyer may be able to review the unique circumstances of your case in more detail. Continue this conversation alongside Buckhead Family Law today.

Source: 

law.cornell.edu/wex/abuse_of_discretion