San Jose Divorce Appeals Lawyer

The court system in California is not perfect. Judges try to make the best decisions possible, but sometimes mistakes are made. In California, if a mistake was made in a legal decision made in a divorce case, a person may have the right to appeal the decision.

You may feel like your case was mishandled. Or maybe you are happy with the outcome but the other party is trying to appeal the case. In either of these cases, you need to seek legal help to protect your legal rights. Don’t handle an appeal on your own.

Errors in civil cases involving divorce, child custody, visitation, and other family issues happen more often than you may think. If you were given an unfair or incorrect judgment, contact a San Jose divorce appeals lawyer from Argyris Mah, LLP. We’ll help you get a favorable outcome.

When Can You File an Appeal?

You can file an appeal if there was some sort of legal error in the application of the law. Some examples in which an appeal would be warranted include egregious abuses of court discretion, mishandling of evidence, and failures to make adequate findings of fact. Simply not agreeing with a decision is not enough to file an appeal.

The Process

Want to appeal a decision in family court? Here’s the process:

• File a notice of appeal. The first step is to file a Notice of Appeal with the appropriate appellate court. In California, this is typically done within a certain time frame after the judgment is issued by the trial court. This notice informs the court and the other party that you intend to appeal the decision.
• Transcript and record preparation. The appealing party is responsible for preparing the record on appeal, which includes a transcript of the proceedings from the trial court. This transcript is important for the appellate court to review the case.
• Appellate briefs. Both parties have the opportunity to submit written arguments, or appellate briefs, to the appellate court. These briefs outline the legal arguments and reasons why the trial court’s decision should be upheld or overturned.
• Oral arguments. In some cases, the appellate court may schedule oral arguments where both parties have the opportunity to present their case in person to the judges.
• Appellate decision. After reviewing the record, briefs, and oral arguments (if any), the appellate court will issue a decision. This decision may affirm the trial court’s judgment, reverse it, or remand the case back to the trial court for further proceedings.

Contact Our San Jose Divorce Appeals Lawyers Today

The court does not always get it right. Mistakes are sometimes made.

However, not all cases are subject to appeal. Wondering if you can fight your case? Contact a San Jose divorce appeals lawyer from Argyris Mah, LLP for help with the appeals process. Call (408) 214-6366 or fill out the online form to schedule a free consultation.