by MonetteH

Created on: May 08, 2010   Last Updated: May 11, 2010

The decision to divorce is never an easy one. The goal of the divorce procedure is to provide fairness and equity to both partners, but sometimes the divorce decree does not seem just. When one partner feels that the final divorce decree is wrong or unfair, they can appeal the divorce decree. Appealing a divorce decree is every person's right, but the process is slow, arduous, and costly. This is because the person filing the appeal is basically claiming that the trial court's decision was wrong and therefore should be overturned.

Grounds for Filing an Appeal?

Make sure your appeal is well founded, because if the appellate court determines your appeal is frivolous, you may have to pay your former spouse's legal fees as well as your own. The appeal process varies from state to state, but in most cases the court will require that you prove that a mistake was made during the divorce negotiations or that there was misconduct or even fraud. If it can be proved that the judge who heard the original divorce case made a ruling that was in error according to the law, this can also be grounds for an appeal.

Court Process for Appeals

As a general rule an individual has from 30 to 45 days to appeal the decree, based on the date of its final entry. The person who intends to file the appeal must first inform the trial court, their ex-spouse, and the court reporter of their intent to file an appeal.  The manner in which the lower court's decision must be overturned, involves getting the higher appellate court to review the case and reverse the original decision. In most cases, the appellate court will tend to uphold the decision of the lower court unless there are highly compelling circumstances. In some cases, an appeal won't get the final outcome overturned, but it could cause the decision to be reinterpreted in a more equitable fashion, such as a changing the terms of payment.

The process is often complicated and requires an attorney. In most cases, an appellate attorney is the best choice, due to the fact that they are well versed in the appeals process. The entire process is likely to last a year or two, and might even take longer.  Once the appeal has been filed, it will be reviewed by the appellate court, which usually consists of three judges. Once the appeal has been filed, it will be reviewed by the appellate court, which usually consists of three judges. If the decision is overturned, the appellate court will likely issue a remand, which will direct the trial court to adhere to the directives of the appellate court in regards to the divorce decree. If the original decision is upheld because the appellate court feels the appeal was without merit, then the original divorce decree will stand.

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