Fort Mitchell Divorce Appeals Lawyer

In general, individuals cannot appeal a divorce decree. However, in certain circumstances, issues of property division and child custody may be appealable. An experienced and knowledgeable Fort Mitchell divorce appeals lawyer may provide vital legal support following an adverse decision.

A divorce attorney may assist you throughout the process. They could help you with filing for divorce, represent you during divorce proceedings, and secure your rights to appeal. After an undesirable decision, a lawyer may help to file an appeal.

Appealing a Property Rights Decision

The court requires filing an appeal of a property division ruling within 30 days of the final decision. The appellate process examines legal errors made by the court, and it typically excludes new facts. For instance, the judge might admit inadmissible testimony during the proceedings.

In the appeal, the appellant must explain why the judge’s decision was erroneous. Along with the appeal, the appellant will want to include:

• Briefs regarding the issue of law
• Court transcripts
• Evidence that proves why the decision was erroneous

Oral arguments will take place before the appeals court. An attorney in Fort Mitchell could prepare all the information for a divorce appeal.

Appealing a Child Custody Decision

The appellant and their divorce lawyer in Fort Mitchell must file an appeal of a child custody ruling within 30 days of the judge’s decision. When appealing a child custody decision, the appellant must argue that the judge made some mistake with their decision. For instance, awarding custody to a parent with a criminal history to the detriment of the child.

The appeal will need to spell out the reason for the appeal and include documentation from the circuit court, like transcripts. The appellant will need to present their reasons for the appeal during oral arguments before the appeals court.

In addition to the appeal, an appellant can request a stay of judgment. A stay of judgment sets aside the circuit court’s decision during the pendency of the appeal.

Other Appeal Options

In addition to appealing, an individual may have other options to address adverse property division and child custody decisions. These options include a motion for rehearing and a motion for relief from judgment.

Motion for Rehearing

The divorce appeals attorney in Fort Mitchell must file a motion for rehearing immediately following the divorce court’s decision. A rehearing is not an appeal because the same court that issued the judgment conducts the hearing. The presiding judge must grant the request.

Motion for Relief from Judgment

A motion for relief from judgment is a request to the court to disregard the judgment. This is only available in limited circumstances where enforcing the judgment would be unfair. For instance, if the other party had committed fraud or concealed assets.

How a Divorce Appeals Lawyer Can Help

A Fort Mitchell divorce appeals attorney may provide valuable support following a divorce court decision. A lawyer could review the court’s decision, the reasons that the decision is unfounded, and file an appeal. An in-depth understanding of Commonwealth law and the appeal process can be critical to a successful divorce appeal.

In addition, an attorney provides representation during legal proceedings. This means that the lawyer may attend all hearings and meetings related to the appeal.

Even during the initial divorce proceedings, an attorney could help with any later appeals. Experienced lawyers understand how to make a record and secure the right to appeal certain decisions. Making certain motions and objections can prove helpful if an appeal becomes necessary.

Call Our Fort Mitchell Divorce Appeals Attorney Today

While divorce can mean a fresh start for many, in some cases, the decisions of the divorce court can mean challenges and frustrations. A Fort Mitchell divorce appeals lawyer may provide dedicated legal support and advocacy after an adverse divorce decision.

If you are just filing for divorce, having child custody issues, or facing an unfair property division decision, our aggressive and dedicated family law team could help. Contact us now to schedule a consultation.