Category Archives: Divorce Attorney

After a divorce is finalized, either spouse may have grounds to appeal certain court rulings. Either a divorce decree modification request or a court judgment appeal may be made in order to accomplish this.

An overview of the procedure to challenge a court order pertaining to a divorce proceeding is provided below.

Having Your Divorce Judgment Reviewed

A state court of appeals can hear an appeal of a divorce court judge’s ruling. While the initial judge’s ruling in a divorce case is respected, it is uncommon, though not unheard of, for an appeals court to reject the lower court judge’s judgment.

An appeal can only address material mistakes that were made during the trial. This could be a case of factual, legal, or judicial misconduct.

Due to the fact that both parties to the divorce agreed to the terms of the settlement, divorce settlement agreements are typically unaffected by an appeal. A spouse can attempt to claim that there were issues with the way the agreement was created, which could create a problem with its enforcement.

Divorce Appeal Notice

A notice of appeal is given to the opposing party to start the appellate procedure. For filing and serving notice, there are detailed guidelines and timeframes. Your right to appeal could be lost if you don’t adhere to your county’s and state’s filing requirements.

The Appeal’s File

The Record on Appeal must be prepared once the notice of appeal has been submitted to the court and served on each party. The processes used by the states to record court transcripts differ. Ask the court clerk what documents are maintained there and how to get them for your appeal.

The clerk’s record consists of all the written materials—documents, papers, pleadings, etc.—that were submitted to the court. It contains every piece of evidence and document presented during the trial. Other court documents (like motions) that were not initially introduced at trial may be found in the Record on Appeal.

Every word spoken in court while a court reporter was present is recorded in the court reporter’s transcript, a typewritten booklet. It often includes all of the witness testimony, the arguments made by the attorneys, and any remarks made by the judge or the parties.

The appeals document

The written appellate briefs submitted by the attorneys for each party serve as the primary vehicle for argument on appeal. A brief is a piece of writing that presents the case’s legal arguments and supports them with citations to relevant statutes, case law, the reporter’s transcript, and records kept by the clerk.

After being hired, the parties’ divorce lawyers file their pleadings to the appeals court. Regardless of whether they first represented you, a lawyer must be retained in order to represent you in the appeal court. You will need to consult with your lawyer or get new counsel for your case.

When submitting a brief, the lawyer may be asked to specify whether or not oral arguments are necessary.

Oral Debate

If a request for an oral argument is made, the time allotted for each party to deliver its case will normally not exceed 15 or 30 minutes. There will be no witness summons and no consideration of fresh evidence.

You might retain the same trial court attorney to defend you on appeal, or you could get new counsel. The lawyer will go over the mistakes that were made in the trial court and how they contributed to the outcome of the initial divorce case.

Appellate Court’s Decision

The appellate court will issue its decision after receiving the Record on Appeal, the appellate brief, and any oral arguments. State-to-state variations in time exist. Typically, an appellate court can take as little as a month or as long as a year or more to rule on an appeal.

The appeal court has the option of upholding the trial court’s judgment or remanding the case back to the trial court for judgment revision or a fresh trial. In rare cases, the court may simply vacate (overturn) the judgment.

Divorce modification requests

The appeals process is costly and might not yield the outcomes an ex-spouse is hoping for.

The easiest way to get the divorce decree modified is to just ask for it, which is much less expensive and usually more effective. It is possible to change some aspects of the divorce, including spousal support, child support, child custody, and visitation, however some changes are simpler to make than others.

A “move to modify” must be submitted in order to request a change to a property settlement, child custody arrangement, or alimony payment. The same court where the divorce judgment was rendered is where this motion was filed.

The majority of states offer specific paperwork to fill out. To see if they are open, inquire with the state and county courts in your area.

When writing a motion to modify, you must provide evidence of new circumstances that call for a revision. For instance, the termination of employment may be cause for alimony or child support modification.

Each state has its own laws governing the modification procedure and the evidence required for the modification to be approved.

Although it is challenging, child custody arrangements can be changed. Following the approval of the custody agreement, courts generally reluctant to modify custody arrangements. However, if it is in the child’s best interest and a change is required due to external factors, they will.

The completed petition for modification must be submitted to the court and served on the ex-spouse. The court will set a date for a hearing where the arguments will be made.

You should provide a copy of your agreement with your petition if you and your spouse concur that a revision is required. The adjustment may be made by the court without a court presence being required.

People contemplating divorce are typically aware of what to anticipate. They’ve observed divorces in the movies and often personally know at least a handful of people who have been through a divorce. In spite of this “second-hand” experience, facing your own divorce is one of the more frightening events in life.

Not only do you face a court-sanctioned ending of arguably one of the more meaningful relationships you have ever had, you also must begin to think about such unpleasant things as the division of property and new living accommodations. In many circumstances, there is also the terrible prospect of no longer seeing your children on a daily basis.

Predictability and divorce don’t go together. But if you have reasonable expectations, you will have the best chance of being pleased with the outcome of your divorce. Consequently, it is prudent to comprehend what a divorce can and cannot accomplish for you. So what is divorce good for, anyway?

What Divorce Can Do

Property Division

A divorce court will endeavor to split marital property in the most cost-effective manner possible. Most states will exclude from this division any property that was acquired prior to the marriage or that was acquired via gift or inheritance.

In some states (community property states), this involves a 50/50 split of the property acquired by the parties during the marriage. Other states (non-community property states) will look into the couple’s individual financial conditions, financial intentions for the future, and other pertinent considerations in trying an equitable allocation of the property.

Because the division of property is never predictable, if you have a strong need for some item of property, it may be best to have your attorney negotiate and settle the property distribution ahead of time with your spouse’s attorney.

For example, you may decide that, although you would really like to stay in the family home, you really need to keep your business. Therefore, you might choose the business over the house. In this way, you can attempt to reach a mutually agreeable property division agreement with your spouse.

Support Obligations

Divorce proceedings can help determine a couple’s support obligations. This can come in the form of child support and spousal support (also called “alimony”) (also called “alimony”).

Child support payments are now largely set by state law, but deviation from those standards are not uncommon. Also, child support orders may depend on the custody arrangements ordered. In general, spousal support largely relies on the specifics of each divorce and the divorcing couple’s financial circumstances. Therefore, here again, any attempt at predicting a court’s ultimate support decision is often difficult.

Child Visitation and Custody

Aside from the distribution of wealth, divorce also can help set child custody and visitation schedules. Likewise, this is not at all predicted. While courts frequently try to base their decisions on a set of factors deemed to promote the “best interests” of the child, case-by-case and court-by-court, these decisions can vary. After all, in making custody decisions judges are naturally influenced by their own beliefs, opinions and values.

Further, judges generally see and hear only the worst of people during heated custody proceedings. So, based on their limited “view” into the parents’ lives, a divorce court may not always make the “best” possible decision when it comes to custody. Here again, discussion and settlement are crucial choices to keep in mind. Everybody engaged in the divorce, especially the children, will benefit from a cooperative child custody arrangement.

What Divorce Can’t Do

Ensure Precise and Equal Distribution

A divorce cannot accomplish an exact or mathematically equal division of property and time with children. Because no two people, no two marriages, and no two divorces are alike, the judge who writes a divorce order must make the best decision with the limited time and information available. It may not always be the fairest possible decision that could have been reached, and it is certain not to favor you individually in every possible way.

Frequently, divorce courts must make the best of awful situations. For instance, there can be no appropriate custody agreement when one parent lives in Cheyenne, Wyoming and the other lives in Kalamazoo, Michigan.

Ensure Civil Relations

Even though a court can determine custody and visitation, it will not be present every Friday when mom drops off the children, nor will it spend the weekend with dad to ensure he does not make disparaging remarks about mom in front of the children. A court order is ultimately just a piece of paper. Mom and dad will STILL have to civilly deal with each other to carry out the terms of the custody and visitation order.

This includes interacting with the other parent, as divorce does not make your ex-spouse less of a parent to your child (one exception being cases of abuse).

Maintain Your Current Level of Living

You should also recognize that a divorce court can’t increase your salary to prevent your standard of living from declining once you divorce. Unfortunately, from a financial perspective, it is much more cost-effective for two individuals to live together and share expenditures than to run two separate households. There is little, if anything, the court can do to prevent a reduction in your standard of living after a divorce.

Resolve Emotional Issues

Finally, a court will not be able to punish your ex-spouse or morally vindicate you for all of the bad things that happened while you were married. In addition, the divorce process will not heal your emotional wounds or eliminate the need to mourn the failed relationship. That is your job, although you can seek assistance through therapists and support groups.

Still Want to Get a Divorce? Explore Your Options With an Attorney

As you determine the benefits of divorce, at least in your specific situation, you will likely have questions along the way. A great way to get those questions answered is by speaking with a legal expert today. A skilled divorce lawyer in your state can provide you with peace of mind.

Most people have no idea what to expect when they decide to get a divorce. Considering that divorce is a difficult legal process, it may be filled with unpleasant surprises and annoying delays. Reviewing a legal divorce timeline is always beneficial to give you a general idea of what to expect and make you feel more at ease during a difficult time.

The timeline below provides a general idea of how a divorce typically plays out, but your divorce may deviate slightly due to unique circumstances involving you and your spouse or unique legal requirements in your state.

1. Beginning the legal divorce process

One of the spouses hires a lawyer to begin the divorce process, and the attorney drafts a petition (also referred to as a complaint), which is a legal document outlining the grounds for the divorce as well as the terms for dividing assets, child custody, and other matters.

2. Making the complaint and serving it

The petition or complaint is submitted to the court by the attorney. The petition or complaint, along with a summons requiring the other spouse to respond, are served on that spouse by the attorney or the court.

3. Getting Your Partner’s Response to the Divorce Complaint

The served spouse has a set amount of time to respond (usually about three weeks). The response indicates whether or not the spouse who was served concurs with the petition or complaint. He or she is presumed to have accepted the terms of the petition or complaint if they fail to respond. The response—also known as an answer—describes the served spouse’s preferred method of handling divorce-related decisions.

4. Beginning the process of property division and exchanging documents

Documents and information about things like property and income are exchanged by the couple. The couple and the court can make decisions regarding property division, child support, and alimony by reviewing this information.

5. Engaging in negotiations or mediation

The couple may occasionally agree to settle all of their differences amicably through mediation or settlement. In some states, divorcing couples must go through this procedure.

If a settlement is reached, it is presented to the judge during a non-judicial hearing. The judge will inquire about a few fundamental facts and whether each party is aware of the agreement and chooses to sign it.

6. Getting any settlement agreement court approval

If the judge accepts the settlement, they issue the couple a divorce decree outlining the terms of their agreement. The case will go to trial if he or she does not approve it or if the couple cannot come to an agreement.

7. Taking part in a divorce trial

The judge decides the unresolved issues, such as child custody and visitation, child and spousal support, and property division, after attorneys for each side present evidence and arguments at trial. The judge then grants the divorce after coming to a conclusion.

8. Contesting the judge’s judgment

A judge’s decision may be appealed to a higher court by either spouse or both spouses. However, it is uncommon for an appeals court to reverse a judge’s judgment. Also keep in mind that if both spouses accept the terms of the settlement, it is typically not subject to appeal. But if something needs to be changed after the trial, you might be able to change the divorce judgment.