What Is Appellate Court
An appellate court is a higher court that reviews decisions from trial courts (called "lower courts" or "courts of first instance") in divorce and family law cases. Unlike trial courts, appellate courts do not hold new trials or hear testimony. Instead, they examine whether the trial judge applied the law correctly and followed proper legal procedures.
Appellate Issues in Divorce Cases
In divorce proceedings, appellate courts typically review challenges to trial court decisions on custody arrangements, property division, spousal support, and child support amounts. You cannot appeal simply because you dislike the outcome. State appellate courts require that the trial judge made a legal error, misapplied state divorce law, or abused discretion (a much higher standard than merely disagreeing with the ruling).
For example, if a trial judge awarded 60% of marital assets to one spouse, that decision is rarely overturned on appeal unless the judge miscalculated or failed to apply your state's equitable distribution or community property laws. Most states define "abuse of discretion" in custody matters narrowly, meaning appellate courts defer heavily to trial judges who have seen the evidence firsthand.
How State Laws Differ
Appellate procedures vary by state. In many states, you must file a notice of appeal within 30 days of the final judgment. Some states allow interlocutory appeals (appeals before the case ends completely) on certain custody issues, while others do not. You typically must pay filing fees ranging from $300 to $500 and may need to order court transcripts, which cost $2 to $5 per page depending on the state.
What Happens During Appeal
- Filing deadline: Notice of appeal must be filed within 30 days of the final judgment in most states.
- Record review: The appellate court reviews the trial transcript, exhibits, and the judge's written orders to determine if legal errors occurred.
- Briefs: Both parties submit written legal arguments explaining why the trial court's decision was or was not correct.
- Oral argument: Some appellate courts hold oral arguments where attorneys present arguments; others decide cases on briefs alone.
- Decision timeline: Appellate decisions typically take 6 to 18 months after filing, depending on the state court's caseload.
What You Cannot Change on Appeal
Appellate courts will not reconsider findings of fact that the trial judge made (such as whether infidelity occurred or a parent's earning capacity). They focus on whether the judge interpreted and applied the law correctly. If the trial judge had discretion under state law to award support in a certain range, the appellate court will not override that decision unless it falls outside the statutory range or is clearly unreasonable.
Common Questions
- Can I appeal a custody decision? You can appeal if the trial judge made a legal error (such as ignoring a custody statute) or abused discretion. Simply disagreeing with the best interest of the child determination is not enough. Most states require clear and convincing evidence of abuse of discretion before reversing a custody order.
- What happens to my case while appealing? The final judgment remains in effect unless you obtain a stay of execution from the appellate court. This means child support and spousal support payments are due as ordered, and custody arrangements remain unchanged during the appeal process.
- Is an appeal expensive? Yes. Beyond filing fees, you must hire an appellate attorney (typically $150 to $400 per hour), order transcripts, and possibly pay for legal research. Total costs often reach $3,000 to $10,000 or more, depending on case complexity.