Appeal
A legal process where a higher court reviews a lower court's divorce judgment for legal errors. Appeals do not re-try facts but examine whether the law was applied correctly.
Understanding Appeal
After a divorce judgment, either party may appeal if they believe the judge made a legal error — such as misapplying the law, excluding important evidence, or abusing discretion in custody or property decisions. Appeals must be filed within a strict deadline, usually 30 to 60 days. The appellate court reviews the trial record without hearing new evidence or testimony. Appeals are expensive, time-consuming, and succeed only in a minority of cases. The original order usually remains in effect during the appeal unless a stay is granted.
Real-World Examples
A father appeals the custody decision, arguing the trial court improperly excluded evidence of the mother's substance abuse.
Related Terms
An official directive issued by a judge that has the force of law. Violating a court order in a divorce case can result in contempt charges, fines, or jail.
DecreeThe final court order that officially ends a marriage. Also called a divorce decree, final judgment, or judgment of dissolution of marriage.
Due ProcessThe constitutional guarantee that all parties receive fair legal proceedings, including proper notice, the right to be heard, and an impartial judge.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.