Should I Appeal the Judgment of my Divorce Case?
What happens when you’re unsatisfied with the judge’s decision in your divorce case? As of right, you may appeal the Judgment of Divorce. In fact, whether it’s the final Judgment of Divorce, or any other court decisions rendered during the course of your divorce case, in most instances you have the right to appeal the judge’s decision to a higher court.
Getting Proper Representation
Appealing your Judgment of Divorce is complex and requires proper representation and legal guidance by experienced appellate counsel.
To preserve your right to appeal the Judgment of Divorce or another decision made by the court in your case, the first step is to file a Notice of Appeal. This document informs the appellate court and the opposing party(ies) that you are appealing the judge’s decision about your divorce.
Filing a Timely Appeal
It is crucial that the Notice of Appeal is filed timely — within 30 days from the date the judgment is served upon you with notice of entry — and served properly on all necessary parties in order to initiate your appeal.
Demonstrating your Grounds for Appeal
The second step in the appellate process of a divorce case is to present your arguments through the filing of legal briefs. To be successful on appeal, you must demonstrate that the court made a legal, factual or evidentiary error in connection with the Judgment of Divorce or other decision or order.
As a general rule, the appellate court only looks at facts, arguments and evidence previously presented to the lower court; therefore, no new evidence or papers may be considered on appeal.
Divorce Cases Require Skilled Matrimonial Attorneys
Appealing your Judgment of Divorce or another court decision and doing so successfully is a highly complicated and technical process that requires attorneys who are well-versed in appellate practice from start to finish and understand the Practice Rules of the Appellate Division.
Quatela Chimeri Specializes in Appellate Advocacy
Quatela Chimeri, PLLC, having perfected and argued hundreds of appeals, is well-regarded for our appellate advocacy in domestic relations matters and general civil disputes.
Christopher J. Chimeri, Esq. and the Honorable Joseph Covello, a former Associate Justice of the Appellate Division, Second Judicial Department, lead the Firm’s Appellate Practice team. The lawyers at Quatela Chimeri have the experience and skill set to analyze trial records, write legal briefs designed to maximize the chances of success and orally argue before the Appellate Division of the Supreme Court of the State of New York. Our lawyers are ready and able to consult with you and discuss your options relative to an appeal of your divorce case.