It is a fact of life that mistakes happen, even by a court. Sometimes, the mistake is minor and has little impact on a case’s outcome – but sometimes, a simple error or oversight is the difference between a positive and a negative outcome.
If a court’s error has placed you on the wrong side of a family law dispute, you may be able to find recourse in a post-judgment appeal. An appellate court will listen to your argument, review the evidence, and rule on whether your case needs to be reevaluated. The team at Rubin Family Law has years of experience managing successful post-judgment appeals in family law matters across Georgia.
Grounds for an Appeal in Georgia
An appeal is typically only an option if there was an error made by the court, such as allowing inadmissible evidence or overruling an objection that should have been sustained, and that decision impacted the final results. Being unhappy with the outcome is not sufficient grounds.
During the appeal, the case will not be re-tried. Only the specific errors pointed out in the appeal are considered, so it is vital that you rely on a thorough and experienced post-judgment appellate attorney to identify errors and manage your appeal process.
The Appeals Process
In Georgia, family law appeals typically must be filed within 30 days of the initial judgment, so time is of the essence. If you feel that an error was made by the court, contact Rubin Family Law as soon as possible to learn your appellate options.
Your legal team will immediately begin reviewing your case to determine your grounds to appeal and prepare the filing. The brief will be filed with an appellate court, which will review therecord– including any briefs filed by the opposing party – and make a decision as to the viability of an appeal and next steps in the process
If the appellate court agrees that an error was made, they may either reverse the finding, send the case back to trial, or instruct the trial court to make certain changes. If the appellate court does not agree that a mistake was made, or thinks the mistake was immaterial in deciding the outcome, then the initial judgment will stand.
Set the Record Straight With Rubin Family Law
Especially after a long and drawn-out divorce or custody case, an appeal may be the last thing you want to go through. But with the help of an experienced team, like the lawyers at Rubin Family Law, you can trust that your appeal is being handled skillfully and professionally. Our team will manage every aspect of the post- judgment and appellate processes, including:
- Reviewing your case and determining whether grounds to appeal exist
- Obtaining and analyzing the court’s records of your case
- Filing all required documents
- Preparing a detailed brief with clear knowledge of the record and persuasive legal arguments
- Making oral arguments if needed
- Keeping you well-informed at every step in the process
A Word from Our Client
“When you are in need of a family law attorney, you are in search of someone who will help you re-structure the rest of your life and someone who could rationalize all the emotions involved. After speaking with William for the first time, I sincerely felt he was the one that was going to help me navigate those uncharted, tumultuous waters. His objectivity and lack of overpromises just to get “my business” were simply impressive. It might sound cheesy, but he really cared about my case. I could not be happier with the results and, most importantly, with the peace of mind that William brought back to my life. I forever will be grateful.” – Ricky