Once a court makes its final decision in a divorce case, one spouse may need help in reversing the judge’s final decision and probably seek a better outcome than the previous one. In such a case, you will need the help of a Galveston divorce lawyer who can present the case appropriately so that the court can listen and deem all the necessary changes per your specific circumstances.
You can appeal divorce judgment
The law allows both spouses to appeal the judge’s final decision via an appellate or appeals court after the divorce process is complete. Note that the original judgment is always held to a higher standard and sometimes, seeking an appeal might be very difficult to succeed at especially with different court authority.
In case both partners agree to the terms and conditions set by the first court decision, it’s often impossible to overturn this process via an appeal however if there were problems in establishing the agreement or some issues with its enforcement. These are the only instances where your attorney may intercede successfully.
Notice of appeal in the court decision
An appeal often needs a significant error with the judge’s first decision. This could result in a problem with a law, fact, abuse or even an issue within the initial judge. In this situation, it is easy to seek an appeal via the appellate process and start with the notice of the appeal to your partner.
As with most cases, there are extremely strict procedures and deadlines that shouldn’t pass when serving the notice of appeal. If you fail to adhere to the set deadlines and complete the necessary procedures appropriately, you risk losing in the appeal. Therefore, it is advisable to work with a reliable attorney to ensure that these deadlines a met.
Preparing the appeal record
Every appeal requires a record. This document contains all the appropriate court transcripts prepared by the reporter and the record prepared by the court clerk. The latter contains paperwork, documentation, pleadings, and other relevant materials created and filed with the court. It also contains exhibits and other documents introduced at trial.
The transcript is a booklet written or typed and contains everything said in the courtroom. This includes lawyer arguments, witness testimonies, and all statements by all parties. Your lawyer should get the documents ready in preparation for appeal after the notice of the appeal.
The appellate brief
Your attorney will also have to file a written appellate brief. It contains the primary argument for the appeal of the decision passed previously. An appellate is a legal argument with supporting references that are relevant to your case.
Oral argument
In most cases, attorneys are unable to proceed to oral argument in court. But if your attorney can successfully pursue this option, they should remember that there are only 15 to 30 minutes for both sides to present relevant details. Note that during this session, no witnesses will be giving testimonies. This is the reason you should always have an experienced attorney on your side.
Your lawyer can support you and attempt to argue for the appeal during the entire appellate court process. The attorney will ensure proper documentation is done and filed correctly.
