Bad deal? Modify or appeal

APPEAL

After the trial, if either party is unhappy with the final divorce judgment, either or both may appeal.  

An appeal, however, is not a way to question the judge’s factual conclusions. It is to determine whether the divorce judge made a legal error in reaching those conclusions.   A noncustodial parent, for example, cannot simply challenge the judge’s finding that the children live with their other parent. On appeal, the noncustodial parent must show that the judge’s decision was based on a law-based mistake, such as allowing inadmissible testimony on the matter.  

An appeal relies primarily on written arguments, or briefs, submitted by the party raising the issue. The document spells out the legal argument, supporting it with references to applicable case law and statutes. Similarly, the opposing party files a brief arguing that the judge’s original decision was correct. Oral arguments also sometimes follow to elaborate on the points raised in the briefs.   Appeals court decisions typically rely on the original court’s written record.  New evidence usually is not allowed.

In addition, settlement agreements to which both spouses have agreed usually cannot be appealed. But, as discussed earlier, modifications to the settlement terms might be warranted.  

Also keep in mind that all judges are cognizant of appeal possibilities and generally are careful to avoid situations during the divorce trial that could be grounds for an appeal. Most court judgments, including those in divorce court, are sustained on appeal.  

If you still wish to formally question your divorce judgment, find an attorney who is experienced in the appellate process, and one who has particular knowledge of the legal issues you'll be raising on appeal.  

And be ready to pay. Appeals can be expensive, starting with the cost of your divorce trial’s transcript to fees for your attorney and associated to examine that material and prepare briefs. Depending upon the appeals court decision, you also might end up paying for your spouse’s lawyer to do all the same things. A rough estimate is that you'll spend on appeal around the same amount for legal services during your original divorce trial.