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You Can Appeal a Divorce Arrangement if There Was a Mistake

If you believe that the judge in your divorce hearings made some sort of error that led to an unfair arrangement or that otherwise impacted your case, you do have the ability to file an appeal. In this situation, a higher court would review the original case and the original judge’s decision. However, it is important to note that you cannot introduce any new evidence during an appeal process — the higher court simply reviews everything that occurred in the original case.

After going through your appeal, there will be one of two outcomes:

  • The court agrees that there was a mistake made by the original judge. In this situation, the case may be remanded, or sent back down to the original divorce court. The appeals court provides specific instructions to the lower court about which mistakes to correct and how to correct them.
  • The court denies the appeal. In this situation, the higher court affirms the original divorce decree, meaning that there will be no changes made to the arrangement. No further legal action will occur.

Appeals in divorce cases tend to be rare, because in most cases it’s presumed that the judge is an expert in family law and got the case right the first time around. They also add a lot of extra expense, which most people feel isn’t worth it. However, if the mistake led to some particularly large issues with your decree, an appeal can be a good option for you.

To learn more about the divorce appeals process, contact the knowledgeable Long Island family law attorneys at Bryan L. Salamone & Associates.

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