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Atlanta Family Lawyer

Atlanta Divorce Appeals Lawyer

If you believe a judge has misapplied the law in your divorce settlement, you may appeal these decisions with the help of a top Atlanta divorce appeals attorney. For the most part, you can only appeal a final order, so temporary or interim orders usually are not subject to appeals.

If you choose to appeal a court decision, your Atlanta divorce lawyer must file a Notice of Appeal within 45 days of the final order. It is crucial to act as soon as possible if you wish to appeal, as to avoid giving up your rights. The notice must list all of the issues you wish to address during the appeal process. Note that you cannot appeal a court’s decision to believe whether someone was truthful, you can only appeal whether the judge properly interpreted and applied the law.

Within 10 days of filing the notice, your Atlanta family lawyer will be required to return to the trial court to obtain documents in the court file that will be applicable to your appeals case. Your attorney may also request a transcript of the court proceedings. Your ex may be able to request additional documents be included in the file sent to the appeals court.

The trial court should manage to get these documents to the appeals court within 90 days and within 40 days of the court’s receipt of these documents, your attorney will need to file an opening brief with the court to detail your legal arguments regarding the court’s error. Within 30 days of your brief being filed, your ex can file a reply brief to address your arguments. The court’s decisions will be based entirely on these briefs, as you cannot provide new evidence in these cases. In some cases though, the court may hear oral arguments from the parties as well.

If either party disagrees with the appeal court’s decision, they can file for the court to rehear the matter or file an appeal to the Georgia Supreme Court. This process is largely the same as the first appeal process, but it will usually take less time.

When you think the court has made a mistake in your divorce settlement, please speak with your Atlanta divorce attorney as soon as possible. At The law office of Family Lawyer Atlanta, we will be happy to look over your case and help you evaluate your likelihood of winning an appeal and help you estimate the costs so you can weigh the financial price with the benefits of an appeal. If you have any questions, please call.