Many people in Gulfport know that when you disagree with a decision made by a court, you can often appeal the decision to a higher court. This principle applies to divorce judgments as well as other legal rulings. This blog post will provide some basic information about appealing divorce judgments.
The first thing that should be pointed out is that it is unusual for an appeals court to reverse a judge's decision in a divorce. It is not completely unheard of, however, and a family law attorney may be able to provide information about whether a reversal is likely or not in a particular case.
When a party chooses to appeal a trial judge's judgment, the appeal will in most cases take the form of a brief filed by the appealing party. The brief is usually a document composed by the lawyer of the appealing party. It contains a legal argument favoring the party filing the appeal. The argument will often state that the trial judge improperly applied the law, and that the judgment needs to be reversed for that reason. The other party will have the opportunity to respond with its own brief. Very often, the responding party will argue that the trial court correctly applied the law and the judgment should not be reversed.
In an appeal, the factual information is usually supplied by the record, in other words, the case presented to the trial court. Usually, the appeals court will not consider new evidence in rendering its decision. When the appeals court announces its decision, the opportunity for appeals may be further limited. Again, a family law attorney can provide more information and guidance to parties wanting more information.
Source: FindLaw, "Appeals and Motions to Modify the Divorce Judgment," accessed on Nov. 24, 2017