Most divorces settle after the parties agree to their terms, with the help of lawyers as negotiators and mediators. When these talks break down and the spouses do not reach a marital settlement agreement, your case goes to trial in Circuit Court. The judge’s ruling then finalizes the terms of your divorce, but a Court ruling can be appealed if the results are grossly unfair to you or your ex-spouse appeals, and you must offer an argument about why the trial outcome is just.
Maryland law allows a party to divorce the opportunity to appeal if they believe the judge made a mistake in the ruling. You only have 30 days from the entry of the final judgment to file that appeal. Judges do make errors, and with the help of our Frederick divorce appeals lawyers, you can determine if your appeal of a trial decision has merit. Our divorce attorneys can help you handle this complex process.
You do not need the Court’s approval to file a Notice of Appeal with the Appellate Court of Maryland. It is your legal right to do so if you believe the family Court decision was in error. The process is usually a combination of electronic filings, initially by the appellant, and paper copies of documents that the Appellate Court may request, whether they are from you and your lawyers or your ex-spouse. Your ex-spouse, or appellee, is the responding party arguing against the appeal.
Appellants and their attorneys prepare for the divorce appeal by ordering a written transcript of the divorce trial from the Circuit Court that heard the case. In some cases, the Appellate Court may require the parties to mediate the dispute, but if the Court does not order it in your case, or you cannot resolve the dispute through mediation, you will enter the appellate argument phase of the process.
Both sides file a written argument, a brief, that describes their positions and appropriate legal arguments. The appellant presents first, then the appellee, and finally a rebuttal by the appellant disputing points the appellee makes. After these arguments are presented, the Court almost always sets a date for the participants to present oral arguments to a panel of Appellate Court judges. Because knowledge of family law issues is imperative when appealing a divorce ruling, our Frederick appeals attorneys can represent you through the process.
The appellate judge panel will not retry your case; they are reviewing the transcript and exhibits presented in Circuit Court, but are not considering new evidence or anything that was not introduced in the original trial. The Appellate Court determines:
The judge and Trial Court must reach the decision in your divorce according to what the law prescribes, and if the Appellate Court finds that they did not, no matter whether the ruling was correct, the case will be sent back to the Trial Court for correction. This can include modifying the original order, reevaluating facts, or accepting additional evidence. With the help of our Frederick divorce appeals attorneys, your case will be conducted with compassion and competence.
Appealing a divorce ruling is complicated and requires your attorneys to be knowledgeable in family law matters because they must spot an error at trial to preserve it on the record and appeal if warranted. Failing to object to an error, even a serious one, impacts it on appeal. Your divorce is the springboard toward your future, and enlisting our Frederic divorce appeals lawyers with decades of experience is one way to ensure the future is bright.
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