Indianapolis Family Law Appeals
Did your judge make an unfair ruling?
Don't make the mistake of thinking that you have to accept an unfair divorce decree! Under certain circumstances, it is possible to file an appeal to contest the final outcome of a divorce and seek a more favorable resolution to the case. If you have reached the end of your divorce and are frustrated with the various terms associated with the dissolution of marriage, the team of attorneys at Bowen & Associates, LLC may be able to help you appeal the unfair decision.
Call our Indianapolis office today to begin your case!
How does an appeal work in family court?
An appeal is not a new trial. Instead, it is a request to have a higher court review the original trial in order to determine whether you have been the victim of a miscarriage of justice. No new evidence is introduced in an appeal; it is strictly a review of the original trial. Our family law appeals attorney can help you request a second look at a case which you believe ended unjustly.
In family law, appeals commonly concern the following:
The Appeals Process
Once a request for appeal has been made, the appeals court studies the trial transcript, including relevant evidence and testimony. After reviewing all of the applicable details, the court will issue a decision regarding the original ruling. If the appeals court determines that the trial was unjust, it may send the case back to the original court for a new trial and instruct the judge to correct specific deficiencies in the original judgment.
While a case is under review, the attorneys representing both sides will spend considerable time preparing meticulous briefs that describe the issues in a case and the reasons why the original ruling is not just. A lawyer must have experience and legal knowledge to build a successful brief. Even so, difficult cases may require additional legal action. If the Court of Appeals does not rule in your favor, you may be able to take your case to the Indiana Supreme Court.
Before you decide to pursue an appeal, you must weigh several key factors that could influence your choice to challenge a case outcome. It is important that you know these issues before filing an appeal, or you could end up putting excessive time and money into a case that is not worth the effort. A lawyer from our firm can guide you through your options after a difficult case.
To appeal a case, you must have the following:
Grounds: A ruling cannot be appealed without evidence that original judge ruled correctly and applied the relevant laws in the proper manner.
Time: Appeals add a substantial amount of time to cases. As a rule of thumb, you should be prepared to spend a minimum of one year pursuing an appeal.
Finances: Because appellate cases are lengthy, they are often costly. Consider carefully the value of a case before you commit to an appeal.
Counsel: It is difficult to win an appeal without legal guidance. An experienced appellate lawyer can provide the insight necessary to build a successful case.
When you work with our legal team, we will help you work toward the outcome you deserve. Our lead appellate attorney has experience in various family law appeals, including a published appellate decision from the Maine Supreme Judicial Court. We understand the importance of pursuing a positive result after an unjust ruling, and know when you have favorable odds in a case. Don't start your case without our Bowen & Associates, LLC at your side!
Qualified and Compassionate Lawyers for Family Law Appeals
At Bowen & Associates, LLC, we pride ourselves on our ability to pursue favorable results in court. We handle every case with a strong sensitivity to client needs and can work to protect your goals throughout the legal process. With honors including an Avvo rating of 10.0 Superb, our lawyers can be trusted to handle your case with skill and professionalism.