Atlanta Divorce Appeal Attorney
Divorce proceedings can be difficult and emotional, and sometimes the final decision may not seem fair or just. If you believe the court’s decision was unfair, unjust, or incorrect, you may have the option to file an appeal. Our experienced Atlanta divorce appeal attorney is here to help and guide you through the appeals process in Georgia.
Can You Appeal a Divorce Judgment in Georgia?
An appeal is a legal procedure where you ask a higher court to review a lower court’s decision, which is called the Superior Court in Georgia for family law matters. An appeal is not a new trial but a review of the existing case and requires certain grounds.
What Are the Grounds for Appealing a Divorce Judgment in Georgia?
Grounds for appealing a divorce judgment in Georgia include:
– Legal errors made by the judge
– Procedural errors during the trial
– Incorrect application or interpretation of the law
– Evidentiary errors, such as admitting or excluding certain evidence
– Factual errors in the judge’s findings
Types of Appeals in Georgia
Georgia primarily has three types of appeals:
- Direct Appeals: Filed directly to the appellate court; this is the most common type of appeal.
- Discretionary Appeals: Used for specific types of cases and requires permission from the appellate court to proceed.
- Interlocutory Appeals: Requesting review of specific orders before final judgment.
How Long Do You Have to File an Appeal?
Generally, you have 30 days from the date the judgment is entered to file a notice of appeal. Missing this deadline could result in losing your right to appeal.
How Long Do Appeals Take in Georgia?
An appeal in Georgia can take anywhere from several months to over a year, depending on the complexity of the case and the court’s schedule. If your appeal is allowed, your case may be sent back to the lower court for further action, or the decision may be overturned altogether, depending on the court’s direction. The outcome of the court of appeals depends on the merits of the case. If an appeal is lost, the original judgment generally stands, and the appealing party may be responsible for additional legal costs.
What Are the Chances of Winning an Appeal in Georgia?
The likelihood of winning a family court appeal depends on factors such as the strength of your case, the type of legal errors made by the lower court, and how effective and prepared your lawyers are. It’s essential to consult with an experienced Atlanta family court appeals attorney to assess the merits of your case.
Let Us Assist You with Your Divorce Appeal in Atlanta
If you’re considering appealing a divorce judgment in Atlanta or the surrounding areas, contact Kaye, Lembeck, Hitt & French Family Law at 404-233-2800. Our seasoned attorneys are committed to providing you with the guidance and representation you need to navigate the appeals process effectively.
