What to Expect If You Appeal a Divorce Decision in New York

While everyone wants the divorce process to end quickly and in their favor, unfortunately, that's not always the case. A negative outcome can feel devastating, especially after a long, drawn-out, emotionally taxing divorce proceeding.

The good news is that you can appeal a judge's decision, but the burden of proof remains quite high, and there are strict rules that one must follow. This is why it's important to understand the appeal process before taking any steps. This guide goes over everything you need to know to appeal a divorce ruling in New York.

What Aspects of a Divorce Decision Can You Appeal?

There are certain aspects of a family court or trial court's order that a former spouse can appeal after a divorce in New York. They include:

• Child custody and visitation

• Child support payments

• Marital property division

• Spousal maintenance

Reasons to Appeal a Divorce Decision

You cannot file an appeal just because you didn't like the judge's ruling. In fact, there must be a strong reason that creates grounds for appealing a final judgment in a divorce case in New York. Some reasons include:

• Error of law: This refers to situations where a family court judge ignores relevant statutes or misinterprets the law. It warrants an appeal to the appellate court. The judge will go over the facts of the case without giving deference to the trial judge's decision.

• Abuse of discretion: Although the law allows a family court judge discretion in making decisions, the judge cannot exceed their authority. An unreasonable or arbitrary ruling falls under abuse of discretion, and in such situations, the affected spouse has the right to appeal.

• Procedural errors: Both parties, under the law, must be allowed a fair legal process. Stripping either party of their rights, whether through an improper admission or exclusion of crucial evidence, can create grounds for an appeal.

• Newly discovered evidence: Sometimes, new evidence may surface after a divorce. When that happens, they can file a motion for a new trial with the same judge, requesting that they reconsider their ruling.

• Domestic violence: When a trial court judge fails to follow the law or ignores evidence of violence in a case involving domestic abuse, it creates grounds for an appeal. The same is the case with substantial change, especially regarding custody matters.

What Is the Process of Appealing a Divorce Decree in New York?

A former spouse may file an appeal in the Appellate Division of the New York Supreme Court. The steps involved in the appellate process include:

Step 1: Choose What to Appeal

Before you can even file an appeal, it's important to identify the part of the judgment or court order you wish to challenge. This is a crucial step in any family law case.

Step 2: File a Notice of Appeal

The plaintiff has 30 days to file a notice of appeal after receiving a copy of the order, and they must inform the other party by sending them a copy as well. The filing fee is $65. Missing the strict time limit may result in forfeiting the right to appeal.

Step 3: Prepare the Record on Appeal

The next step in the divorce appeal process is preparing the record on appeal. This includes collecting all the documents and transcripts that led to the original trial court's decision.

In cases involving rulings by a support magistrate, the court judge needs to review those objectives first before the appeal can move to the appellate court.

Step 4: Create and File the Appellate Brief

You also need to provide reasons for the appeal. This is where the appellate brief becomes important. It's a written document that outlines your legal arguments and supports them with credible evidence.

After receiving the notice of appeal, your ex-spouse has the right to file their own response. Fortunately, the law also allows you to file a reply brief addressing their arguments.

Many attorneys handle the preparation of appellate briefs. However, it's crucial to note that this is an expensive process with many different fees that the appealing party must cover. For more information, hire a separation attorney in Albany.

Step 5: Present the Arguments

Some cases may proceed to oral arguments. During the hearing, a judge will listen to each party's oral arguments before deciding. Cases that move to this stage of the process are bound by strict time constraints. This is why it's important to prepare for the appeal properly.

Step 6: Wait for the Decision

After reviewing all of the documents and hearing oral arguments, the appeals court will issue a written appellate decision. It may:

• Affirm the lower court's ruling

• Reverse the original ruling

• Modify the judge's decision

Even after the appeals court's decision, you have a limited final opportunity to file another appeal. It's crucial to treat the appellate division as the most effective method of relief and prepare accordingly to reduce the risk of an unfavorable outcome.

What to Expect If You Appeal a Divorce Decision in New York

Here are a few important things you should know during the divorce appeal process:

• While there is a 30-day deadline to file an appeal, certain circumstances may extend this timeframe.

• An appeal can take several months to a year or more to reach a final decision. The complexity of the case and the appellate court's backlog are some of the factors that can affect this timeline.

• Divorce appeals are expensive. The appealing spouse must not only cover their attorney's fees but also pay for the cost of compiling the record, obtaining court transcripts, printing, and filing.

Can a Spouse Appeal a Settlement Agreement in New York?

When both parties agree to a settlement agreement, it becomes nearly impossible to file an appeal. This is because a settlement agreement is a binding contract to which both spouses agreed.

However, there are certain exceptions where you can challenge the settlement agreement, although it can be incredibly difficult. These situations include:

• Fraud

• Duress

• Undue influence

• Unconscionability

Is the Divorce Order During an Appeal Enforceable?

The initial court's decision, whether it's regarding child support, custody arrangements, or property transfers, remains enforceable during an appeal. You can, however, file an application for a stay. The court will consider factors such as the likelihood of success on appeal and whether enforcement of the order would cause irreparable harm.

If either party appeals to a higher court, all existing orders shall remain in place.

Is It Difficult to Appeal a Divorce Decision?

Appealing a divorce judgment can be challenging, requiring you to cite genuine case law and present objective issues in your case. Simply not liking the outcome of the case doesn't create grounds for filing an appeal.

While appealing a court's decision can be difficult, working with a skilled attorney can take a huge burden off your shoulders. They know how to establish clear grounds and build a strong case. They can consult on what to expect during post-divorce modifications.

Partner with Divorce & Family Legal, LLC for a Smooth Divorce Appeal Process!

If you are challenging a divorce ruling on custody, support, or property in Albany or anywhere else in New York, you should partner with a reputable attorney who understands the appeals process and knows how to build a compelling case within the provided guidelines.

At Divorce & Family Legal, LLC, our team knows what it takes to go back before the same court or argue before one of the many courts within New York's appellate system. We offer experienced, focused legal help for individuals navigating the divorce appeal process in New York.

Call us to schedule a free consultation with an experienced lawyer and increase your chances of filing a successful appeal today!