When divorcing, you may not be happy with the judge’s decisions regarding critical family law matters. If this is the case, under certain circumstances, you may be able to overturn the judge’s decision by filing an appeal. The appeal process can be difficult. Therefore, it is in your immediate interest to retain an experienced Suffolk County, NY Family Law Attorney who can guide you through this complex process. Keep reading to learn what factors to consider before appealing a family law decision.
What factors should I consider before appealing a family law decision in New York?
In New York, if you want to appeal a family court decision, you must do so within a certain timeframe. Once the judge serves the order, you only have 30 days to appeal the decision. Failure to submit your appeal within the set deadline will result in the forfeiture of your right to contest the judge’s decision. Although you may not always be happy with the outcome of your family law issue, you cannot file an appeal simply because you disagree with the judge’s decision. You can only appeal a judge’s ruling if you believe the judge has abused their power or made an erroneous decision.
If you are considering filing an appeal, you should first consider whether the judge had the authority under the law to make the decisions outlined in the order. It is also beneficial to take into account the cost and length of the appeal process as it is usually a time-consuming and expensive endeavor. Additionally, you should consider whether your former spouse may be encouraged to file a cross-appeal and the likelihood of the appeal succeeding. To ensure you make the most informed decision, it’s wise to seek the guidance of a skilled attorney. They can assist you in evaluating the relevant factors and determining if filing an appeal is the right choice for you. After thoroughly considering your options, if you decide to file an appeal, you must obtain a Notice of Appeal, a Request for Appellate Division Intervention Form (RADI), a copy of your receipt from the Postal Authorities of mailing to your adversary, and a copy of your order to file an appeal. These documents are required to appeal a family law decision.
If you wish to appeal a family law decision, you need quality legal representation. Facing family law issues can be an overwhelming and stressful process. Don’t navigate this intricate process alone. At The Law Offices of Susan A. Kassel, P.C., we will do everything possible to protect your family and rights. Our firm is committed to helping our clients through the appeals process.
