The Virginia State Bar (VSB) recommends that each divorcing spouse obtain a divorce lawyer. While the VSB notes that this is not technically required, legal representation is particularly crucial during “contested divorces” with disputes over child custody, child support, alimony, and property division. These disputes may not end with trials, as divorce appeals could continue the litigation process. If spouses choose to move forward with appeals, effective legal representation could be crucial. What happens during a divorce appeal? How important is legal representation during an appeal? These are questions divorcing spouses may wish to ask experienced family law attorneys in Virginia. A lawyer may be able to guide spouses through appeals while also educating them about the general process. To learn more, consider contacting DiPietro Law Group, PLLC at (571) 626-7389.
What Is a Divorce Appeal in Virginia?
An appeal is a request to have a higher court re-examine a decision made by a lower court. In the context of a divorce appeal, this decision may involve child custody, alimony, child support, or property division. It may also involve a combination of these factors. A spouse has a right to appeal a decision made by a divorce trial court, and this action could potentially lead to a “reversal.” In other words, the Court of Appeals in Virginia will change the initial decision and rule in favor of the other spouse instead.
Should I Hire a Different Lawyer When Filing an Appeal?
Many spouses choose to hire different lawyers when filing divorce appeals. Some may do this because they feel dissatisfied with the legal representation they have received thus far. Others may prefer to work with a lawyer who has specific experience with divorce appeals. Not all lawyers have handled divorce appeals, and some focus almost entirely on alternative dispute resolution (ADR). Even those who have trial experience may not have handled appeals in the past. A spouse may want to work with a law firm that has specific experience with divorce appeals, such as DiPietro Law Group, PLLC.
A Lawyer Can Help You Assess Your Chances of Success
There is no denying the fact that the chances of a successful divorce appeal are quite low. The Court of Appeals tends to uphold initial decisions made by lower courts. In other words, most appeals fail. Generally speaking, the Court of Appeals does not like to interfere with circuit court judges to an excessive degree. If every decision made by a family court judge were subject to considerable scrutiny, the entire system would cease to function effectively. As a result, spouses should carefully assess the chances of success before moving forward with an appeal.
An experienced family law attorney with appellate experience can help spouses make these assessments. During an initial consultation, the lawyer can review the initial decision in detail and recommend certain courses of action. If the lawyer believes that an appeal could be successful, they may recommend moving forward. If there is little chance of success, the lawyer might recommend no further action. However, even appeals with relatively high chances of success are risky.
Legal Representation During an Appeal Can Be Expensive
Spouses should be aware that there is a significant financial risk associated with filing an appeal. Since the chances of success are relatively low, spouses may want to think about whether moving ahead is truly the right decision. A divorce trial alone can lead to considerable legal fees, and an appeal will only increase these costs. Not only that, but an appeal also makes the divorce process even more time-consuming. This highlights the need to carefully assess the chances of success before moving forward.
Only Significant Errors Can Lead to Successful Appeals
With effective legal representation, spouses can effectively identify significant errors that might have occurred in the initial divorce trial. These errors must be relatively blatant, as small mistakes may not cause much concern from the Court of Appeals. For example, a family judge might have failed to admit certain evidence that could have changed the outcome of the divorce trial. They might have completely misread or misinterpreted a law. A spouse might also highlight the obvious bias of a judge during the trial. Perhaps most notably, spouses cannot appeal divorce decisions simply because they do not like or agree with them. An appeal only represents a “second chance” if some kind of genuine error occurred during the trial. An appeal does not allow spouses to automatically get a second trial.
Your Lawyer Can Help You Follow Correct Appellate Procedures
Legal representation is also important because it allows spouses to follow the correct procedures when filing appeals. For example, it is imperative that spouses file their appeals within 30 days of receiving the final divorce order. If they miss this deadline, an appeal becomes impossible. With help from an experienced lawyer, spouses may be able to move quickly and file the Notice of Appeal. Spouses must file this Notice of Appeal with the same circuit court that issued the divorce order.
There are many other steps spouses need to take when filing appeals. First, certain fees may be necessary. The appellate court will probably want transcripts of the original divorce trial, and spouses may need to provide additional information upon request. Finally, the lawyer must clearly explain why they are appealing the initial divorce decision. What exactly was erroneous about the initial decision? Which evidence was admitted by mistake? Which evidence was excluded unfairly? Did the judge misinterpret a specific family law? These are the kinds of things that a family lawyer will have to explain when filing the appeal.
Learn More About Divorce Appeals With DiPietro Law Group, PLLC
The role of legal representation during divorce appeals depends on numerous factors. First, different lawyers may attempt distinct strategies during appeals. In addition, the underlying reason for an appeal can vary greatly. Some might appeal a negative custody decision, while other spouses might appeal negative property division outcomes. The most appropriate way to approach these appeals depends entirely on the underlying circumstances. As a result, a spouse may not learn exactly how this process will unfold simply by reading online articles. A spouse might experience more personalized and specific guidance after consulting with Virginia divorce lawyers. To continue this conversation, consider contacting DiPietro Law Group, PLLC at (571) 626-7389.
