Commack Appeals Lawyer
A divorce case often requires a good deal of time and energy to resolve, especially when there is contested litigation between the parties. At the end of the day, the judge will issue a final decision on issues like child custody, spousal support, and division of marital property. It is not uncommon for one side–and sometimes both–to be dissatisfied with the judge’s rulings. When that happens, the dissatisfied party does have the right to file an appeal.
A qualified Commack appeals lawyer can walk you through the process of seeking further judicial review of a divorce judgment. At the Law Office of Joshua Adam Kittenplan, P.C., we work with clients who feel they have been treated unfairly by the trial court. While we cannot guarantee success, we can help ensure you exhaust all potential avenues of appeal available under New York law.
What Happens During an Appeal?
An appeal may be filed from decisions of the New York Supreme Court–which hears divorce and separation cases–as well as the Family Court, which decides certain issues related to child custody and support. The party who wishes to appeal only has a limited time period to take action. For example, appeals from the Family Court normally must be filed within 30 days after an order is served on the affected party.
Appeals are heard by a special group of judges known as an appellate court. In Commack, most appeals are heard by the Appellate Division, Second Department, of the Supreme Court. A panel of judges from the Second Department will consider the appeal and issue a decision.
An appeal is not simply a rerun of the original trial. This means that you will not testify or call witnesses as part of the appeal process. Rather, your lawyer will file written briefs with the appellate court explaining your objections to the court order under appeal. The appellate court may schedule oral arguments in your case, which simply means both sides will be given a brief opportunity to appear before the judges to argue key points of their case and answer questions.
The appellate process is ultimately about identifying legal errors made by the trial court. Once again, it is not about retrying your divorce or custody dispute. The appellate court normally will not reconsider disputed factual issues, only purely legal questions. If the reviewing court agrees there was a legal error, it can reverse the judgment and order a new hearing or grant other relief as may be appropriate for the case. In rare cases, a decision from the Appellate Division can itself be appealed to New York’s highest court, the Court of Appeals.
Contact Attorney Joshua Adam Kittenplan Today
It is not uncommon for people to walk out of a divorce trial or Family Court proceeding unhappy with the outcome. The best response is not to get mad and curse the judge. It is to speak with an experienced Commack appeals lawyer who can help you take the next steps in the process. Contact the Law Office of Joshua Adam Kittenplan, P.C., today to schedule a free initial consultation.