After a divorce, the parties involved may be extremely disappointed, if not outraged, by the outcome of their case. If you have or expect to be a person in such a situation, you may be able to change your situation. The possibility is that your family lawyer will prepare and file an appeal. The key to achieving success in the appeals process is to have an attorney who is knowledgeable in appellate and litigation defense strategies.
An appeal is a post-sentencing process that is independent of your original case, although obviously related to it. The procedure varies slightly depending on the different types of appeals. In Georgia, there is the direct appeal, the discretionary appeal request, and the interlocutory appeal request. In Georgia, the appeal is filed with the Supreme Court of Georgia or with the Court of Appeals of Georgia.
Appellate judges review an appeal to decide whether or not they find errors in the trial court's findings. Review on appeal may result in the overturning of the verdict, overturning the original verdict, or returning the matter to the trial court. Basically, the appeal process refers to the judicial process and the proper application of the law. Appellate judges don't get bogged down in reviewing evidence, testimony, and so on. Under O, C, G, A § 5-6-34 (a), a direct appeal must be filed within 30 days of the date the original court issued the order.
The appeal must be filed with the court clerk of the specific court where your case was heard. Under O, C, G, A § 5-6-34 (a), a discretionary request must be filed within 30 days of the date the original court issued the order. The appeal must be filed directly with the Georgia Court of Appeals. However, sometimes appeals are filed to challenge the trial judge's basic decisions; these appeals are rarely successful.
In a divorce, instead of filing an appeal, a divorce amendment can be filed to change court orders related to child support and custody. In comparison, filing a request to amend a court order is an easier, faster, and cheaper way to affect your situation. The appeals process is relatively difficult, costly, and there are no guarantees of success. Preparing an appeal requires a significant amount of time to thoroughly investigate the matter, review applicable laws, and draft a well-drafted document. The appeal process for divorce cases can take many months, or even years, to conclude.
From a monetary perspective, appeals make the most sense when there's a lot at stake. It is a law firm located in Canton, Georgia. Our Cherokee County law firm specializes in criminal defense, divorce, and family law matters. Our attorneys are experts in managing cases that require litigation, mediation, negotiation and representation in trials. Our attorneys represent clients primarily in Cherokee and Pickens counties.
We also work in nearby Bartow, Cobb, Dawson, Fannin, Floyd, Forsyth, Fulton, Gilmer, Gordon and Lumpkin counties. The appeal process can take up to a year or longer, adding time and money to the process of finalizing your divorce. Chambers Family Law can help guide you through this process when you deserve it and make the appropriate and cost-effective decision whether or not to file an appeal. Contact The Edwards Law Group today to schedule a consultation and take the first step in appealing your divorce decree.
It is essential to consult with an experienced Atlanta family court appellate attorney to evaluate the merits of your case. It's essential to understand that an appeal is not a new trial of your divorce case, but rather a review of the legal procedures and decisions made during the initial process. The appeal procedure in the context of divorce refers to the process of challenging a final divorce judgment or a lower court order before an appellate court. If you don't file one of these allegations by the deadline, you will permanently lose your right to appeal. In Georgia, the appeals process provides an avenue to rectify potential legal errors and ensure a fair result.
Filing an appeal in Georgia family law courts makes it possible to overturn or modify a lower court's decision. According to the Divorce Source website, “Many litigants don't understand that an appeal isn't just another batting shift, a second attempt in the hope of a different outcome. In Georgia, a party's ability to file an appeal and the procedure it must follow to file an appeal in a family law matter depend on the type of case the party wishes to appeal. Georgia law provides the right to appeal certain cases, such as alimony, division of property, custody and visitation, execution or invalidation of a prenuptial, post-nuptial agreement or of reconciliation.
Having an attorney specializing in divorce or family law on your side throughout the process can provide you with peace of mind, as you know that your lawyer can consistently guide you through the process and advise you every step of the way on the best way to proceed. The answer to this question depends on many factors, including the type of family law case the party seeks to appeal and the reason the party is seeking the appeal. To have reason to appeal, you must show that an error of law occurred during the initial divorce process. When appealing a trial court's decision, it's important to work with an attorney who's experienced in both divorces and appeals.
