Few court cases are as important or life-changing as family court situations. These cases not only affect your income but time with your kids, how your marriage is dissolved and other important matters.
Many post-divorce matters require litigation. If your case receives a judgment that you don’t agree with, you can file an appeal.
How to Appeal Your Family Court Decision
Before appealing your family court decision, you need to understand the process to the fullest. We’re here to break it down for you and provide you with the steps we recommend you to follow:
- Speak to a Family Court Lawyer That Specializes in Appeals
A family court lawyer will be able to assist you through the appeals process. However, it’s important to remember that appeals are very different from standard trials, so make sure that your attorney is well versed in the appeals process.
In addition to the initial filing, your attorney will also need to help you through a series of hearings.
- Get an Understanding of the Appeals Process
So what happens during the appeals process?
Your appeal will be filed with a higher court, which will decide whether it will get another trial. Unlike a trial, you won’t be able to present new evidence to your case.
Instead, the judges will decide whether the judge that ruled in your case acted in fairness. If it is deemed otherwise, the judge will have their judgment thrown out, at which point you can get a new trial.
- Make Sure That You’re Still Within the Appeals Timetable
There’s always a timetable in which you are able to file for an appeal for your case. In the state of Nevada, you have 120 days to file an appeal.
As long as your case falls within this timetable, you’ll be able to file an appeal and get a decision.
- File Your Appeal and Serve Notice
It’s up to you to file an appeal with the courts so that it will receive an appeal date. In addition to the application itself, you’ll also have to pay an application fee and a bond fee.
Once the application goes through, you’ll receive a date for your appeal. Keep a copy of the court notice and serve the other party with an appeal’s notice.
In the meantime, you also have the right to put in a stay of judgment. This puts the pause on the initial judgment, pending the appeals decision.
You’ll need to work with your lawyer to plan out your appeal. Work with them and make sure that you have the money to fund your appeal.
Legal fees in a child custody case can cost between $3,000 and $5,000, so it’s important to make sure that you are fully prepared.
Appeal Your Family Court Judgment
Now that you know how to appeal a family court judgment, it’s time to put these tips to use.
While the process can seem overwhelming, the Berkich Lucy Law Group is here to help.
Contact us via our site, shoot us an e-mail, or give us a call at 775-412-1309 (Reno branch) or 775-461-3855 (Carson City branch).