Divorce Appeals
It's commonly thought that once a judge rules on your divorce, it's final. While this is true under some circumstances, a judge's decree isn't necessarily the last word in every divorce. There could still be options in your divorce case, depending on its specifics. An appeal could potentially result in a better outcome.
It's imperative to note that the appellate court isn't permitted to consider whether the original trial judge reached the appropriate conclusion during the appeals process. Instead, the appeals court determines whether or not the judge made an error that may have given rise to the wrong decision.
However, the appeals process can be highly challenging. Even getting your case in front of an appellate court could be difficult. It's crucial to know when you can and can't appeal a ruling, as well as when it's not advisable. If you are considering appealing your divorce case, it's crucial to meet with a qualified divorce appeals attorney as soon as you can. Here are a few of the many legal grounds on which divorce rulings could be appealed in Maryland.
Improper Evidence Analysis
Divorce cases can be successfully appealed if you can easily prove that the trial judge made an error in evaluating the evidence available in the divorce case. Even still, these grounds present multiple challenges, as it's uncommon for Maryland's family judges to misinterpret local laws. It's not often that divorce appeals are won on these grounds.
Spousal Maintenance or Child Support Inconsistencies
Often, divorced individuals can't receive altered judgments through the appeals process. Although, a modification might be possible if it's determined that the original sum approved for alimony wasn't consistent with awards that would usually be awarded to a person under similar circumstances.
This can also apply to child support judgments, especially if Maryland's state guidelines aren't followed. For instance, in a 2013 case, a Montgomery County father appealed because the original court strayed from Maryland's child support guidelines without any evidence that doing so was necessary. However, the appellate court determined that the trial judge did use proper discretion in not utilizing the state's child support guidelines.
Appeals can be a risky road — there's a reason most divorced individuals don't opt for this route. However, suppose a trial judge has clearly exhibited a lack of judgment or didn't assess the evidence correctly. In that case, there's a chance that you might obtain a different or better outcome in your divorce case. Therefore, it's in your best interest to consult an attorney with an in-depth understanding of the Maryland appellate procedure to determine whether an appeal is possible or wise to pursue.
Wondering if You Can Appeal Your Divorce Case? Call The Law Offices of Tina Sharma Today
The divorce process is known for being confusing, and the appeals process can be even more so. Seek the seasoned guidance of the family law attorneys at the Law Offices of Tina Sharma as soon as possible if you are going through a divorce or want to consider your options for an appeal.
Call us today at 202-839-9625 or use our online contact form to learn more about how we can help with your divorce.
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