What Are Family Law Appeals in Georgia?

The word “appeal” stems from the Latin verb “appellare,” which means “to address.” In the legal world, people “appeal” decisions when they wish to address errors. In other words, you might want to file a family law appeal to make the court aware of a mistake. When a decision doesn’t go your way, you usually have the option to file an appeal – and this is often the only remaining option for spouses or parents seeking positive outcomes. How exactly does a family law appeal work in Georgia, and when might you decide to file one? 

A ppeals Can Only Occur Within Litigation  

First of all, it’s worth noting that you can only file an appeal in the process of litigation. If you are in the process of mediation, collaborative law, or some other process outside of the courtroom, appeals do not achieve anything. This is because you can only appeal court decisions – and not those made by mediators, spouses, or other non-court officials. 

 What Kind of Decisions Can I Appeal?  

You can appeal many different family law decisions. For example, you might appeal a property division decision that gives your ex full ownership of the family home. You might appeal a decision that forces you to pay your ex’s legal fees. Perhaps you’ll appeal a child custody decision that robs you of visitation rights. Maybe you’ll appeal a decision that awards you alimony that you believe is insufficient.  

 Requirements for Family Law Appeals in Georgia  

In order to make a successful appeal, you must follow various guidelines and regulations. First of all, you must have a genuine reason for filing an appeal. If you plan to file appeals to slow down the divorce process or cause unnecessary stress for your ex, you may face consequences.   

Secondly, you must act relatively quickly – usually within 30 days of the final order. If you meet this 30-day deadline, you may encounter further delays as you wait for a higher court to hear your case. Finally – and perhaps most importantly – you must successfully gather the necessary evidence to show that the initial decision was incorrect under Georgia law. This process may be difficult, so consider working alongside a qualified, experienced divorce lawyer in Georgia who is also familiar with the appellate process.  

 Remember, if your appeal seems like it has no merit, the courts could will simply reject it without ever hearing it in court. This is why the filing of the initial appeal is so important. If you fail to provide enough information to convince higher courts that a mistake was made, you will not get past this initial stage.  

 Find a Qualified, Experienced Family Law Attorney in Georgia  

If you’ve been searching for a qualified, experienced Atlanta family law attorney, look no further than Kaye, Lembeck, Hitt & French. Over the years, we have helped families with virtually every legal issue imaginable – including appeals. If you’d like to file an appeal after receiving an unfavorable decision in a family court, contact us today to get started.  

 Sources: 

familylegalcare.org/guide/appealing-family-court-orders/ 

fultoncourt.org/family