Suffolk County Divorce Appeals Attorney

What You Need to Know When You Are Appealing Your Divorce Judgment

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What is an appeal from a divorce?

An appeal from a divorce is an appeal from the judgment of divorce or any of the orders prior to or after the judgment. It is a review of the decisions made by the trial court.

Can the divorce itself be appealed?

The dissolution of the marriage itself can generally not be appealed if New York's no fault grounds are the basis for the divorce. Under no fault, the trial court does not have discretion in granting the divorce, it will be granted if either party submits a statement stating the marriage has irretrievably broken down for six months or more.

What parts of the divorce judgment can be appealed?

Any part of the financial or custody decision can be appealed. The granting of the divorce itself under no fault cannot be appealed. The most common issues for divorce appeals cover the following areas.

• Equitable distribution
• Maintenance
• Child support
• Custody
• Parenting time
• Classification of assets as marital or separate
• Value of assets
• Exclusive occupancy
• Attorney fee awards

What happens when someone withholds information at trial?

There is no direct appeal if someone withholds information on that issue. Instead, the trial court should be made aware of the withheld information. An appeal would be taken from the order denying or granting relief based on this request.

What are the chances in winning a divorce appeal?

The chances of winning depend entirely on the errors raised in the appeal. Errors of law have a much higher chance of being reversed than errors involving discretion. A trial decision which made a small mistake is less likely to be reversed than a trial decision that made a tremendous mistake. Even the number of mistakes raised in the appeal play a factor, the appellate division is looking to fix mistakes and not revisit a divorce simply because someone is unhappy with the results.

Are divorce appeals different than other types of appeals?

Divorce appeals covers a broad area of skills, and knowledge of both matrimonial and appellate procedure is critical. The biggest difference is the basis of the case itself, the divorce, is not something that can normally be appealed. Instead, the ancillary relief is what is contested. This difference may seem minor, but to lawyers who practice in other areas of law, the concept of not focusing on the cause of action or affirmative defenses is not something found in most other types of cases. The best divorce appeals lawyers will know each area of matrimonial law and appellate procedure.

For further information on appellate litigation, please review our practice area of appeals or for more in depth discussions, review our appellate articles.

Contact Our Divorce Appeals Attorney Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any appeal from a divorce, no matter how challenging. With over 25 years of matrimonial experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled matrimonial appellate lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.