In order for an appeal to be accepted, your attorney needs to prove the following:
- the decision failed to follow controlling legal principles,
- the decision was an abuse of discretion, and
- the decision is not based on substantial credible evidence.
The appeals process can take a long time. During this process, the original terms of the divorce will remain in effect. This includes any property division, alimony, and child custody agreements.
Stay Pending Appeal
However, a stay pending appeal can cease the terms and conditions before the appeal is heard in court. In order for this to happen, your attorney must demonstrate the following:
- irreparable harm will result from enforcement of the judgment pending appeal,
- the appeal presents a meritorious issue and you will likely succeed on the merits, and
- assessment of the relative hardship to the parties reveals that greater harm will occur if a stay is not granted than if it is granted.
Is an Appeal Right For You?
Deciding to appeal a court’s decision can mean that you will face even more stress, confusion, and costs along the way. However, if you are unable to move forward due to the conditions of your divorce, it might be the right time to appeal. Let US divorce lawyers determine if appealing is right for you. Lawyers can provide you with information regarding the process and all of the the costs you need to consider.