by Duane Craig

Created on: May 07, 2010   Last Updated: January 13, 2011

Even though most marriage vows assume the marriage will last “till death do us part,” nearly half of all marriages only last until divorce. The U.S. Census Bureau reported a divorce rate for the U.S. of between 47 and 50 percent for each year from 2000 through 2007. In every divorce case the court issues a decree. The divorce decree describes the responsibilities of each party. If one of the parties feels the judge made a legal mistake in interpreting information, or in the information allowed to be heard, then they may appeal the decree. 

Divorce lawyers use words like “difficult,” “time consuming,” and “expensive,” when talking about appealing a divorce decree. The Willick Law Group in Nevada describes divorce decree appeals as, “propositions that should not be entered into lightly,” and says they often take two years or longer. The clock starts ticking right after the divorce proceedings end since most states only allow appeals to be filed within 30 days of the final decree.

The courts apply very stringent legal requirements to the reasons for appealing divorce decrees. This is not the place to argue that you are the best parent. But if the court limited your ability to make your case for being the best parent because of evidence allowed, or not allowed, then an appeal might be in order. This is also not the time to argue about facts, like how many years you were married for purposes of retirement benefits. The appellate court, where your appeal will be heard, only decides if the law was properly applied. Preserving your right to appeal begins during the divorce proceedings. If you or your lawyer do not offer the correct information, and do not object when you feel a legal error is being made, then you can easily lose your right to appeal.

To appeal you first have to file a Notice of Appeal. In some jurisdictions the next step might be for you and your ex-spouse, and each of your lawyers, to appear at a conference where you try to work things out. In other jurisdictions, and if you didn't agree in the conference, you move to the next step which is filing the Appellate Brief. This is where you tell why the court should grant your requests. Your ex-spouse files a response to your Appellate Brief, and you file a reply if necessary.

In many jurisdictions the Appellate Court reviews the briefs and supporting documentation, and decides. Sometimes the court orders the attorneys to appear to argue the case. The court usually decides one of three ways. It decides the original decree was legal and binding, or it reverses the original decree and sides with you, or it sends the case back to the lower court for other action.

Different states handle divorce decree appeals differently. Choose an attorney with experience in this specific area of law.

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