While appealing a family court decision may seem straightforward, under the surface it is quite complicated and can become contentious between the parties. But, if you are not satisfied with judge`s decision or there was some other substantial reason for the ruling — in which case you need to know how to appeal as explained by a divorce lawyer in Huntsville, AL. In this guide, we will walk you through everything you need to know to file an appeal following a Huntsville, AL Family Court decision, including steps to take (and not take), legal guidance, and resources for additional assistance.

Getting to Know the Appeals Process

An appeal is a type of legal process, where higher court reviews the decision of a lower one, to determine if any errors can affect the verdict. In family law, appeals can arise from divorce, custody, child support, and other issues like alimony and property division. To reverse a family court ruling on appeal, an appellate court must see that the trial court made a legal mistake. Standard — or more typical — grounds for appeal include:

• Error in Application of the Law: The court misapplied or misinterpreted the law
• Procedural errors: Mistakes in the way the trial was held, such as incorrect introduction/exclusion of evidence.
• Abuse of discretion: The judge made an arbitrary and unreasonable decision.
• Lack of Adequate Supporting Evidence: The decision was not backed by adequate supporting evidence.

How to Appeal Family Court Decisions

1. Speak to an Appeals Attorney: The process of appealing a court ruling is complicated and involves being familiar with appellate law. And most of all, we urge anyone with a potential appeal to consult with an experienced appellate attorney in Huntsville. A lawyer can evaluate the strengths of your case, navigate you through the process, and represent you in court.

2. File a Notice of Appeal: Notice of Appeal is the first step to the appeals process formally. This form notifies the court and the other party that you will be appealing. In Huntsville, a notice of appeal needs to be filed 42 days from the family court’s final judgment. If you don’t appeal it within this time frame, you will lose your appeal right.

3. Prepare the Record on Appeal: The record on appeal includes all of the documents and evidence that were before the family court — including transcripts from the trial. You want to make sure that the record has everything and that it is true to what happened at trial. Your lawyer will assist you with this paper-gathering process.

4. Submit Appellate Briefs: The parties to an appeal submit written arguments called appellate briefs explaining their respective positions. The party appealing, called the appellant, files an opening brief and states what errors they allege occurred and why the decision should be overturned. The appellee (the party on the other side) then files a brief answering the appeal and giving reasons why the original decision was correct. If the appellee raises new arguments in their brief, the appellant can file a reply brief to respond.

5. Oral Arguments: Sometimes the appellate court will set an oral argument. In oral arguments, each party presents its case to the judges and asks questions. It is a chance to clarify points raised by the written briefs and highlight important aspects of the case.

An appeal of a family court ruling in Huntsville, AL is not an easy process; you need to prepare yourself with numerous plans and much knowledge about appellate law. With the help of an experienced appellate attorney, taking the appropriate steps, and focusing on legal arguments, you can go through this process properly. It can be emotionally difficult so do seek help when needed. Knowing what your rights are and how the legal process works is key to receiving the most favorable outcome in your appeal.