APPEALING A DIVORCE ORDER
Few professions actively join unavoidably personal matters and legal disputes the way that a family law or divorce practice does. Your clients may assume that your services as a family law attorney are limitless, or may not realize just how much you truly can do for them. Either way, you face the difficult task of not only delivering results that your client needs, but also managing their expectations.
Managing expectations is especially important when revisiting any family law decision a court already issued. In some cases, clients may expect that you can literally work magic to achieve their goals. Of course, even for very talented and experienced attorneys, appealing a divorce decision sometimes feels like it could use a little supernatural assistance.
Here in California, we encourage everyone to live their lives in the way they see fit, which may or may not include spiritual practices that invite supernatural assistance. However, for family law attorneys, it is much simpler and more effective to enlist the guidance of another more experienced family law attorney. Such an attorney can help guide you through complicated legal maneuvers and make sure that your client receives the care and service that meets your expectations for your own practice.
Divorce order appeals
It is important for your client to understand that appealing a divorce order is not a sure win by any means. In many cases, appellate courts remain unwilling to overturn a lower court’s order unless something particularly unfair exists in the order itself.
This is especially true if both parties have already signed whatever agreement or aspect of the divorce one or both former spouses wish to amend. Appellate courts generally require some very compelling justification to overturn an existing divorce order.
Once your client understands the risks involved in attempting to overturn a divorce order, then you may begin building your appeal.
Should your client hope to amend a property division agreement, it is very unlikely that an appellate court will agree to amend it if both spouses already agreed to the previous settlement. Amending such an agreement is particularly difficult.
Appellate processes are not the same as those within a typical family court. Be sure that you take the time to fully understand each aspect of a particular process before you begin.
Get the help you deserve
Proper guidance is crucial when it comes to navigating unfamiliar legal areas, especially for attorneys who are stretching themselves and representing a client in an appeal for the first time, or the first time in a long time.
Your clients trust that you can and will fairly represent their interests in court. Don’t wait to reach out to an experienced family law attorney who understands appellate courts and can help guide you through complex, delicate issues with confidence.