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Manhattan, New York Appellate Attorneys

An appeal in a New York family law case or a divorce is a legal proceeding where New York family law attorneys represent a party wishing to have a decision reviewed by a higher court. The family law matter must usually be decided and a final order issued before it can be appealed. In New York, most family court cases are heard by the Appellate Division of the New York State Supreme Court.

What kind of family court and divorce decisions can you appeal?

You cannot appeal an order or decision simply because you do not like the outcome. You must have a legal reason, such as your belief that a mistake was made during the first procedure or that the judge did not apply the law fairly. In order to raise an issue on appeal, that issue must have also been objected to during the trial. By objecting to something, it lets the judge know that you disagreed with something and your disagreement then becomes part of the court records. Some family court decisions you can appeal include:

  • Child custody
  • Child support
  • Divorce proceedings, including division of assets and spousal support

If you believe there was a mistake or the judge did not apply the law fairly during your family law or divorce proceedings, speak with our New York appellate attorneys at Berkman Bottger Newman & Rodd, LLP as soon as possible. A notice of appeal must be filed within 30 days. If you miss that deadline, you lose your opportunity to appeal.

Possible outcomes of an appeal

Your appeal can have four potential results:

  1. Reversal. This means the court decides the initial decision in your case was wrong and the decision is vacated.
  2. Remand. The Appellate Division sends your case back to family court to be heard again.
  3. Affirm. The first decision of the family court is held to be correct and your decision stays the same.
  4. Modification. The Appellate Division can change a part of the initial decision.

You should also know that filing an appeal does not put a hold on a family court order. If you want to put a family court on hold, speak with a New York family law attorney at Berkman Bottger Newman & Rodd who can file an application for a stay, which is when the court delays putting an order into effect for a short time.

Contact our NY family law attorneys today

New York law limits the time you have to file an appeal. It is important to call the New York appellate attorneys at Berkman, Bottger, Newman & Rodd at 212-867-9123 who can assist you with your divorce or family law appeal.

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