Divorce Appeals in California: What You Need to Know
Navigating the aftermath of a divorce can be challenging, especially if you believe the court’s decision was unjust. In California, the legal system has developed to provide a way for individuals to contest certain court decisions that they believe to be unjust, through an appeals process. This article aims to offer a brief overview of divorce appeals in the state, outlining the grounds for appeal, procedural steps, and timelines involved.
Grounds for Appealing a Divorce Judgment
It is important to recognize that an appeal is not a retrial. This is not a second chance to re-hash your case. Instead, it is a legal process where a higher court reviews the trial court’s decision for specific legal errors. Common grounds for appeal include:
- Legal Errors: If you believe that the court misinterpreted or misapplied the law.
- Procedural Errors: If you believe that in its decision making the court failed to adhere to the proper legal procedures, potentially violating a party’s rights.
- Abuse of Discretion: If you believe that the court’s decision was arbitrary or exceeded the bounds of reason.
- Lack of Substantial Evidence: If you believe that there was insufficient evidence to support the lower court’s findings.
Understanding these grounds is crucial, as they determine whether your appeal has merit and is likely to be considered by the appellate court. It is also important to note that mere belief is likely not enough to warrant your appeal as meritorious. An experienced divorce attorney can help you with your case and advise on what your best steps and strategy might be.
The Appeals Process: Step-by-Step
The general process you can expect when pursuing an appeal is as follows:
- Notice of Appeal: You must file a Notice of Appeal within the proper time limits from the date the judgment is entered or served.
- Record Preparation: The appellate court reviews the trial court’s record. This will include reviewing court transcripts and exhibits.
- Appellate Briefs: Both parties submit written arguments outlining their positions. The appellant’s brief must clearly articulate the legal errors they are alleging the appeal to be based upon.
- Oral Arguments: Sometimes, if they believe it is called for, the court might schedule oral arguments to further explore issues raised.
- The appellate court issues a written opinion: The decision might either affirm, reverse, or remand the appellant case for further proceedings.
Timeline
The timeline of an appeal varies. The duration of your appeal is impacted by factors such as the court’s schedule and the complexity of the case. It is essential to act promptly and consult with an experienced appellate attorney to ensure compliance with all procedural requirements and deadlines.
A High-Profile Example: Jolie-Pitt Divorce
One case that highlights the appeals process is the protracted divorce battle between Brad Pitt and Angelina Jolie. In that case, after initial custody arrangements were made Ms. Jolie successfully appealed on the appointment of a private judge. She argued this was unjust due to undisclosed conflicts of interest. The appeal led to the judge’s removal from the case and a reset of custody decisions.
Mr. Pitt went on to appeal that decision, and the higher court refused to consider the case.
Contact Cardwell, Steigerwald Young
Appealing a divorce judgment in California is a nuanced process that requires a solid understanding of legal principles and strict adherence to procedural rules. If you believe a legal error affected the outcome of your divorce, consulting with a knowledgeable appellate attorney is a critical first step toward seeking a fair resolution. For personalized guidance on divorce appeals, contact the experienced San Francisco divorce attorneys at Cardwell, Steigerwald Young to schedule your consultation today
Sources:
bbc.com/news/world-us-canada-57946434
fox40.com/news/entertainment/california-high-court-wont-hear-brad-pitt-divorce-appeal/?utm_campaign=socialflow&utm_source=t.co&utm_medium=referral
