Appeals In Alabama
What is an appeal from a court order?
An appeal is a proceeding that can occur when one or both parties involved in the case are dissatisfied with the final court order and want the trial judge’s ruling reviewed by a higher court. In appels from domestic relations rulings, the party appealing must show that the trial judge abused his or her discretion in reaching the outcome or that they misapplied the law. Appeals are extremely time sensitive, so if you are considering an appeal, reach out to an experienced attorney immediately with the date of your final court order to preserve your right to appeal.
It is vital for everyone involved in an appeal from a family law ruling to be aware that the appeals process is very different than that of the trial process. In a regular bench trial, both sides present testimony and evidence to the judge to put on the facts of their case. During an appeal, however, you do not “re-try” your case and you do not submit new or additional evidence. An appeal is handled by reviewing the testimony and evidence that was presented to the trial judge on the record and by evaluating the case law and statutes surrounding the issues at trial. It is worth noting that trial judges are given significant discretion in their custody and divorce decision-making.
In the majority of appellate cases, the process involves only written arguments (briefs) prepared by attorneys along with the court transcript and the findings of the lawyers’ extensive legal research. That being said, in very few cases the appellate judges may grant or request the attorneys appear for oral argument when there is a novel issue or where need for further understanding requires oral argument. This means that most of the time your appellate lawyer will have only their written brief to present and defend your position. That is why it is critical that you hire an attorney who is skilled in legal research and and legal writing as well oral argument, should it become necessary.
If you are in need of an appellate attorney, contact us at J. Jerry Pilgrim and Associates to discuss your case and the appellate process.
When it comes to appeals, the most important thing you can have is an attorney who understands the process from start to finish and has a thorough understanding of the law and legal writing. Our top priority is providing quality and effective representation throughout the appellate process.
Common Divorce and Family Law Appeals
An appeal is filed after a court’s final ruling and often after a request has been made to “alter or amend” the final order. This often occurs when one or both parties disagree with the final order and believe that the trial judge did not rule correctly or misapplied the law in their case. Items commonly raised on appeal include:
- Child support
- Division of marital assets and/or debts
Give us a call or click today for more information.
We stand ready to assist you with your legal needs in the following areas:
- Child Support and Custody
- Pre- and Postnuptial Agreements
- Division of Assets, Property, and Debt
- Disposing of or Separating Equity