Las Vegas Divorce Appeal Attorney
A litigated divorce case will involve a family law judge who will make all of the final decisions that can affect you for many years to come. In some instances, these decisions will impact you for the rest of your life. While family law judges are very knowledgeable about the law, they are only human and they can make mistakes. Judges sometimes misinterpret the law, mistakenly exclude evidence that works in your favor, or refuse to exclude evidence that should not have been submitted. Due to these mistakes, you may not get the fair outcome you deserve.
Fortunately, you may be able to appeal the decision to a higher court. The appeals process of any legal case is always complex. Our Las Vegas divorce appeal attorney can help you fight for your rights and guide you through the process.
What is a Divorce Appeal?
A divorce appeal is not a new divorce trial. An appeal simply asks the Nevada Supreme Court to review facts from the original divorce case. New evidence is not submitted, unless it was improperly excluded during the first trial. Divorce appeals do sometimes involve oral arguments. If an oral argument is scheduled, it is only for a judge to ask your attorney questions and to clarify issues.
When Can You Appeal Divorce Decisions?
Many people wrongly assume that they can appeal any decision that is unfavorable to them. However, the reality is that there must be a specific set of circumstances in order for a decision made during divorce to be appealed. These circumstances include:
- The judge applied the law incorrectly or misinterpreted it
- The judge did not include evidence that would help your case, or did not give it proper weight
- The judge gave too much weight to evidence against you, or they failed to properly exclude it
- The judge was not impartial and was biased against you
- The judge made a mistake in their considerations
If you want to appeal any decision in your divorce case, you must submit a Notice of Appeal within 30 days of the date the original decision was entered into public record. You then must attend a settlement conference with your former spouse and the judge to try and resolve the issue without needing a full review. If the settlement conference is unsuccessful, you and your former spouse will need to file briefs with the court stating why the decision should or should not be reversed.
Once you have moved through the process, there are three potential outcomes in divorce cases. The court may accept your appeal and reverse the decision, or they may deny it and the original decision will stand. The third option is for the court to remand the case, which sends it back to the lower court with instructions on how to proceed. This could reopen the case for more litigation.
Our Divorce Appeal Attorney in Las Vegas Can Help You Through the Process
Appealing a divorce decision is not easy. At Ghandi Deeter Blackham Law Offices, our Las Vegas divorce appeal attorney can help determine if you are eligible to appeal and guide you through the process so you obtain the most favorable outcome possible. Call or text us now at 702-878-1115 or chat with us online to request a consultation and to learn more.