Appealing an unfair ruling

By |2022-04-07T18:16:52+00:0007 Sep 2017|Categories: News|


There are many ways that a divorce case can get away from you. Whether the opposing counsel didn’t care to cooperate or the judge ruled unfairly, or any number of things in between, your client now wants to fight the ruling. Maybe you know that an appeal is probably possible, but you’re not entirely comfortable navigating appellate proceedings. Fortunately, you have options.

Every attorney faces moments of expansion in their career. These are the moments when they step outside of a track they’ve worked well for months or even years, into some area of the law they don’t know as well. If the bread and butter of your practice are divorces, it’s perfectly reasonable to tread very carefully before moving into appeals. In these instances, it is wise to seek counsel from an attorney who specializes in family law’s appellate process. These attorneys not only understand all the specific guidelines and timetables around various family law issues, they can help you represent your clients’ interests with maximum efficacy.

If you face taking a client’s divorce issue up to an appellate court, be sure to get all the help you need to truly serve your client in an entirely new setting with different rules by which to abide. Not only does your client benefit from additional guidance, you continue to grow and strengthen your own practice.

Is an appeal necessary?

Depending on the specific needs of your client, you may not actually need to involve an appellate court. Because divorces involve so many different aspects of spouses’ lives, it is possible that the same court that heard the initial divorce proceedings can modify its own ruling on a single issue.

This is most common in areas like custody arrangements or child support obligations. These are not matters that require an appellate court, but rather a simple request for modification.

Stay on top of the deadlines

If you do believe that appealing a ruling is the right way to go, it is important to take action as soon as possible. Filing an appeal can only occur within a relatively small window of time. If you’re unsure about your ability to proceed successfully, reach out to an appellate consultant and make sure you understand how much time you have to decide your next move.

If would be very frustrating for everyone involved if your client suffered unfairly because you failed to file before the deadline.

Understand the procedures

Regardless of the strength of your case, going into an appeals process without a full understanding of its structure can present a number of complications. If you do not understand technical aspects of your appeal, you may end up costing your client dearly, which is not the kind of attorney you want to be. Get the help you need to truly deliver on the duty you owe your client.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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