At Reardon House Colton PLC, we understand that the outcome of a family law case can significantly impact your life and the lives of your loved ones. When a trial court’s decision does not align with the law, you may have the right to appeal. Our experienced team of family law attorneys is here to guide you through the complexities of the appeals process.
What is a Family Law Appeal?
A family law appeal is a request to a higher court to review and change the decision of a lower court. It is not a re-trial but rather an examination of whether legal errors were made that significantly affected the outcome of your case.
Grounds for Appeal
To successfully appeal a family law decision, you must demonstrate that the trial court made a legal error. Common grounds for appeal include:
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Misinterpretation or misapplication of the law
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Procedural errors that affected the fairness of the trial
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Insufficient evidence to support the trial court’s decision
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Abuse of discretion by the trial court
The Appeals Process
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Notice of Appeal : The first step in the appeals process is filing a Notice of Appeal with the trial court. This document must be filed within a specific timeframe, typically 30 days from the date of the final judgment.
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Record on Appeal : The appellant must prepare the Record on Appeal, which includes all documents, evidence, and transcripts from the trial court proceedings.
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Appellate Briefs : Both parties submit written briefs to the appellate court. The appellant’s brief outlines the legal errors made by the trial court and argues for a reversal of the decision. The appellee’s brief responds to these arguments, defending the trial court’s ruling.
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Oral Arguments : In some cases, the appellate court may schedule oral arguments, allowing both parties to present their cases in person before the judges.
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Appellate Court Decision : After reviewing the record and considering the briefs and oral arguments, the appellate court will issue a written decision. The court may affirm the trial court’s decision, reverse it, or remand the case for further proceedings.
Why Choose Reardon House Colton PLC?
Appealing a family law decision requires a deep understanding of legal principles and meticulous attention to detail. Our team of family law attorneys has extensive experience in handling complex family law appeals. We provide:
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Expert Guidance : We help you understand the merits of your case and the likelihood of success on appeal.
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Thorough Preparation : We meticulously prepare your appellate briefs and ensure that all procedural requirements are met.
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Dedicated Advocacy : We passionately advocate for your rights and interests throughout the appeals process.
Contact Us
If you believe that a legal error affected the outcome of your family law case, we are here to help. Contact Reardon House Colton PLC at (480) 520-3233 or send us a message to schedule a consultation and discuss your appeal options.
Kristi A. Reardon
Accomplished litigator and appellate attorney, author of Arizona Legal Forms – Family Law, Fellow of the American Academy of Matrimonial Lawyers.
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