Once a divorce finally wraps up, involved parties are usually relieved to put everything behind them and move on with their lives. The terms of the divorce are thus locked in and set in stone. However, not every resulting outcome is always satisfactory to either divorcing party. There are also instances where circumstances change and the original divorce terms are no longer fair or equitable to one party.
For these instances, the family law courts have a mechanism that gives you the opportunity to revisit these terms. This is known as a family law appeal, and while it doesn’t guarantee that your request will be automatically approved, it does give you the opportunity to argue your point. For today’s post, here’s a breakdown of what that process looks like.
The Appeal Process in CA from Beginning to End
- Filing the notice. The process starts when you file a notice of appeal to the original court of your divorce proceedings.
- Abandonment vs settlement. During the next step, you can choose to either walk away from the appeal, or settle if you’re able to reach an agreement with the other party.
- Designating the record to be appealed. Next, you pay or request for all relevant fees to be waived and submit the specifics as to which part of the record you are appealing.
- Providing an information statement when required. You may be asked to fill out a questionnaire known as an information sheet. This information sheet is used to assess the validity of the appeals claim.
- Written argument. If you move onto the next step, you’ll then submit your written argument via a brief. It’s important to include all relevant facts, as well as any related laws, when drafting this crucial document with the help of a legal expert.
- Oral argument. You’re also given a chance to make you case in person to a judge via the oral argument portion of your appeal. Note that waiving the oral argument portion is an available option.
- The court hands down a decision. The courts will weigh the merits of all submitted oral and written arguments, then hand down a decision which closes the matter. Note that the court can take up to 90 days to make its decision and notify you of the outcome.
Prepare for Your Appeal with a CA Family Law Attorney
In brief, this is the family law appeals process in CA. Naturally, every case carries its own circumstances and pertains to specific areas of the family law code in CA. However for a simplified overview, you can use this as a basic roadmap.
That said, once you’re ready to move forward with your appeal, make sure you take the time to consult with a qualified attorney. At White Oak Law, our attorneys are here to answers your questions and help you formulate your plan to drive your apparel forward.
Call our office today at 925-271-0999 and learn more about what our experienced teams can do for you on all matters relating to family law in CA.