San Jose Divorce Appeal Attorney
If your spouse had decided to file for divorce, you can’t necessarily fight the decision. A divorce does not require the consent of both parties. However, you can appeal certain parts of a divorce settlement.
Maybe you’re not happy with the amount of alimony you are ordered to pay. Or maybe you think you should get sole custody of the children.
Divorce appeals allow you to seek review of a trial court’s decision, but they are subject to strict procedural rules and limitations. Therefore, it’s essential for those considering an appeal to consult with knowledgeable legal counsel. That’s where a San Jose divorce appeal attorney from Foster Hsu, LLP comes in. Contact us today to understand your legal options.
What to Know About Divorce Appeals
Divorce appeals are not quick and easy. Here are some things you should know:
- Grounds for appeal. For the most part, appeals must be based on specific legal errors made during the trial court proceedings. A simple disagreement with the outcome may not suffice. It’s best if you can find any misinterpretation of the law, procedural errors, or improper admission of evidence.
- Appellate court process. You must file a notice of appeal within a specified time frame after the trial court’s decision. The appellate court then reviews transcripts of testimony, exhibits, and legal briefs submitted by both parties.
- Legal arguments. Your attorney will present legal arguments in written briefs, explaining why they believe the trial court’s decision was incorrect. The other party may also file a brief responding to these arguments.
- Appellate court decision. After reviewing the arguments and the trial court record, the appellate court issues a written opinion. This opinion may affirm the trial court’s decision, reverse it, or remand the case back to the trial court for further proceedings. Once the appellate court issues its decision, it is typically considered final. There may be limited options for further appeal.
- Enforcement of decisions. Whatever the appellate court decides, the parties are typically required to comply with it. This may involve implementing changes to custody arrangements, property division, or support payments, as ordered by the court.
Keep in mind that appealing a divorce judgment can be costly and time-consuming. It can take months or even years to resolve, depending on the complexity of the case. If you decide to pursue this route, make sure to have a knowledge appeal attorney on your side.
Contact Foster Hsu, LLP Today
Sometimes courts make decisions that you don’t believe are fair. If you have good reason to fight your case and get a better outcome, consider a divorce appeal.
Get the help you need from the knowledgeable lawyers at Foster Hsu, LLP. We’ll assess your case and see if an appeal would be favorable in your situation. Schedule a consultation with a San Jose divorce appeals attorney today by calling 408-841-7200 or filling out the online form.
