Columbia Family Appeals Attorney
While it would be ideal for parties to resolve Tennessee family law matters via agreement or mediation, litigation is often necessary to get a judge’s decision on outstanding disputes. By their nature, contested hearings are a win-loss scenario. One party will always walk away dissatisfied by the outcome. Fortunately, family law cases are just like other legal actions when it comes to appeals. You can request that an appellate court take another look at what transpired at trial and correct any mistakes by the judge.
However, appeals are very different from a trial and not an opportunity to re-try the issues already decided by the family law court. These and other factors make the appellate process extremely complex, so trust our team at Fort, Holloway, & Rogers, LLC for advice and counsel. We have extensive experience and in-depth knowledge of the laws, and we are dedicated to obtaining the best possible outcome. Please contact us to schedule a consultation with a Columbia family appeals attorney, though some background information is useful.
Family Law Matters That Can Be Appealed
The process is dictated by the Tennessee Rules of Appellate Procedure, which allow for appeals when an error by the judge affected the outcome of the case. The error may relate to evidence, procedure, or application of the law. The most common issues for appeal in Tennessee family law cases include:
- The court determination on what constitutes marital and separate property in divorce;
- How the judge decided property division according to equitable distribution requirements;
- The type, duration, or amount of alimony;
- The court’s decision on child custody or visitation, such as mistakes in applying the child’s best interests standard;
- The details of child support, which must be in accordance with statutory guidelines OR be supported by reasoning when the judge deviated from the formula.
Keep in mind that the appellate judges will review the trial court record for alleged errors, but the end result is not always a finding in favor of the appealing party. An appeals court may reverse, affirm, send the case back, or order a new trial.
Steps in the Appeals Process
The appellate process starts by filing a Notice of Appeal, which must be completed within 30 days after the family law court order. Our Columbia family appeals lawyers at Fort, Holloway, & Rogers, LLC will tackle additional tasks, including:
- Requesting the trial court record, which appeals judges rely on in assessing errors;
- Preparing a brief and supporting documentation, specifying the nature of the trial court’s mistake;
- Reviewing the reply brief filed by the other party – OR drafting a reply brief to contest the appeal; and
- Representing you during oral arguments.
A Columbia Family Appeals Lawyer Will Handle the Details
This overview of the Tennessee appellate process is helpful, but it also demonstrates how retaining legal help is critical. Fort, Holloway, & Rogers, LLC is committed to serving your needs throughout the proceedings, so please call 931-901-2300 or go online to schedule a consultation with a skilled Columbia family appeals attorney.