Family Law Appeals

When a trial court issues an order in a divorce, custody dispute, or other family law matter, there are circumstances in which a negatively affected party may appeal the decision to have it reconsidered or set aside. This can happen if one party provided false or incomplete information, if proper notice of the proceedings was not given, or if the judge made an error in applying the law or evaluating the facts. At Coray Law Office PC, our experienced attorneys are here to guide you through the appellate process for family law cases. Whether you need to appeal a divorce decree, a custody order, or another family law ruling, we will work diligently to protect your rights and those of your children now and into the future.

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Process for Appealing Family Law Orders in California

 

When a judge issues an order, the affected party typically has a limited timeframe to file an appeal. Depending on the circumstances, this window may range from 10 days to as long as 180 days. Missing these deadlines forfeits the opportunity to appeal, so it is critical to act promptly.

 

Parties seeking to appeal a family law order have several legal options, including:

• Filing a motion to set aside the judgment

• Requesting reconsideration of the order based on new facts

• Submitting a new request for an order if it was previously denied

• Petitioning for a new trial altogether

 

An appeal must provide verifiable evidence or arguments to show why the trial court’s decision was flawed or should no longer apply. Common grounds for appeal include:

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• Improper service or lack of notice to the defendant or respondent

• Misconduct by the other party, such as hiding financial assets to gain an unfair advantage in spousal support decisions

• Errors made by the trial judge in applying the law or assessing the facts of the case

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Submitting Legal Briefs and Presenting Oral Arguments

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Appeals require detailed legal briefs that outline the appellant’s arguments and reference applicable legal authorities. These briefs must conform to the appellate court’s rules and procedures. In many cases, the parties will also need to present oral arguments before the appellate court, articulating why the trial court’s decision should be overturned.

 

Appealing a family law order is challenging, as appellate courts typically defer to the trial judge’s decision. However, with a well-prepared and compelling case, many litigants have successfully achieved relief. After hearing oral arguments, the appellate court will issue its judgment within 90 days, and the prevailing party may be awarded the costs of the appeal.

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Why Choose Coray Law Office PC for Family Law Appeals?

 

Successfully appealing a family law order requires expertise, meticulous preparation, and persuasive advocacy. At Coray Law Office PC, our skilled attorneys have the knowledge and experience to navigate the complex appellate process. We are dedicated to crafting compelling arguments and presenting your case effectively to protect your interests. Contact us today to schedule a consultation and learn how we can assist you with your family law appeal.