Matrimonial Appeals

Matrimonial Appeals

By J. Douglas Barics
Suffolk and Nassau Appeals Attorney

The decision on which appeal lawyer you will use to appeal your divorce is one of the most important decisions you will ever face, and choosing the right divorce appellate lawyer is essential. Many matrimonial lawyers do not handle divorce appeals on a regular basis. Likewise, many appellate lawyers handle matrimonial appeals on occasion.

Divorce appeals covers a broad area of skills. Knowledge of matrimonial law is critical, each area of matrimonial law has numerous rules, exceptions to the rules, and exceptions to the exceptions. An appellate attorney who occasionally handles divorce appeals may not have the depth of knowledge to successfully argue your divorce appeal.

Preparing an appeal requires detailed knowledge of appellate law, ranging from knowing what an appealable order is, which appeals can be taken as of right and which appeals must be made by permission, how to properly construct the record on appeal, and the appellate rules of procedure.

Writing a winning brief requires a very different set of skills than conducting a trial or writing a motion. Unlike trial level work, the focus is on errors made by the trial judge. But that alone is not sufficient, as only errors which were pointed out to the trial judge to allow him or her to correct them may be raised on appeal. This concept is known as preservation and unless the error was objected to, it is not preserved for appellate review.

Not all errors are created equal and the standard of review on appeal is an integral part of effective appellate representation. Questions of law are the strongest arguments to make on appeal, while questions of discretion are far harder to make.

Brief writing is of course critical. The essence of every brief is in two sections, the facts and the argument. Both sections require a very different approach to be effective. The facts need to be presented as neutral as possible, yet they are a key part of appellate advocacy. Omitting or misleading the facts is a sure way to lose. But a well written set of facts will accurately convey what happened in the lower court and will scream out what the obvious arguments will be, all without overtly stating them in the facts. But above all, the facts must be accurate. Every fact, good or bad, must be referenced in the trial court record.

When the argument is read, the appellate judges will have the broad understanding of the lower court proceedings and be expecting the arguments presented in the brief. The arguments will cite the controlling case law, apply them to the facts, or explain why they don't apply to the particular facts of this case, and explain why the errors should be taken seriously enough to warrant reversal of the lower court's determination.

Call for a Free Phone Consultation or to Schedule a Low Cost Office Consultation

If you have have additional questions, contact our office to learn about your  options in a divorce appeal. To get your free phone consultation or to make an appointment, call (631) 864-2600. Serving clients in Suffolk, Nassau, Queens, Manhattan, Bronx, Westchester. Rockland, Orange and other surrounding counties are accepted on a case by case basis.