Appeals

Appellate Practice in New York Divorce: What is it and why is it necessary?

Litigation seldom ends after the trial court’s decision. When two parties have dedicated the time, energy, and money necessary to fund a contested divorce trial to conclusion, it is a exceedingly common that one side, or both, will seek a review of the trial court’s decision by an appellate Court. New York divorces are first appealed to the Appellate Division of the Supreme Court.  Appeals of Nassau County and Suffolk County divorces are heard by the Appellate Division, Second Department.

Each party has the right to appeal the decision of the trial court if they should so choose. The appellate process frequently takes more than a year to complete following the conclusion of the divorce trial and entry of a Judgment of Divorce. For this reason, it is important to consider the appellate skills of counsel when selecting attorneys for litigation as well as the appropriate strategy, including seeking an immediate stay of any unjust orders.

By law, no additional evidence is submitted during the appellate process, but the positions of the client must be artfully framed and drafted in briefs in an effort to persuade the appellate court. Precision as to language, and sophistication as to nuance in language, are required for success in the appellate arena.

How Do I Appeal a Divorce in New York?

The first step in appealing a divorce is to take note of the critical deadlines. Once the Judgment of Divorce has been entered and Notice of Entry has been served, you have only 30 days to file certain preliminary documents preserving your right to appeal. You do not need to go through this appeals process alone – our office is here to walk you through every step of the process.

Within that 30 days period, the following documents must be filed:

1. Request for Appellate Division Intervention Form (RADI);
2. Notice of Appeal;
3. A copy of the order you wish to appeal;
4. Proof of service in accordance with the CPLR.

Long Island Family Law Appeals

Many people contending with Family Court disputes cannot come to a compromise and turn to the courts to their resolve their disputes. While family court judges typically have extensive training and endeavor to decide cases properly, they do not always issue rulings that are in accordance with the facts and the law. Thankfully, parties who are affected by unjust rulings often have a right to appeal. If a judge issued an unfavorable order in your case, Long Island family law appellate lawyer Louis L. Sternberg can advise you on whether you may be able to file an appeal and help you fight to protect your interests. Our firm provides a range of services including appellate practice. Our attorneys have extensive knowledge of the appellate process including effective brief writing and presenting compelling oral argument before the New York’s appellate courts.

New York Divorce Appeals Lawyer

When a New York divorce trial ends, the Court will issue a written decision and a Judgment of Divorce.  At that time either party (or potentially both parties) may be displeased with the result for any number of reasons.  In those cases, either party may want to appeal. Appeals from orders and judgments in Suffolk County and Nassau County are filed with the Appellate Division, Second Department.  New York’s CPLR provides a process and roadmap for all such appeals.

What Kind of Divorce and Family Court Decisions Can You Appeal?

An appeal of a Judgment of Divorce or a Family Court order allows a party to challenge a determination made by the trial court by seeking review from a higher court. In new York, such appeals are taken first to the Appellate Division, and then, potentially to the Court of Appeals. Appeals generally focus on legal errors made by the lower court.

Our office appeal and defend appeals in all divorce and family law matters including:

• Judgment of Divorce (and all matters addressed in such judgments including equitable distribution, counsel fees, etc).
• Child Custody
• Visitation
• Child Support
• Relocation
• Orders of Protection
• Grandparents Rights

How We Approach Appeals

We believe that justice is obtained by the proper application of the law and the job of a Long Island divorce lawyer is not necessary finished after trial. Unfortunately, the law is not always applied properly at the trial level and appeals become necessary to right that injustice. In those situations, you need an attorney well versed in New York divorce appeals. At the Law Office of Louis L. Sternberg, PC, we protect the rights of our Long Island clients and argue the nuanced details of Domestic Relations Law and Family Court Act to prove the errors made by the trial court and vindicate the rights of our clients.

Louis Sternberg expertly handles appeals relating to all divorce and family law issues involving maintenance, child support, child custody, child visitation, equitable distribution, separate property, counsel fees and more. 

Schedule Your Free Consultation on Your Divorce Appeal

The Law Office of Louis L. Sternberg has a wealth of experience in appellate matters. The firm does the legal writing and oral arguments for appeals in which the firm has acted as trial counsel on behalf of our clients. We also handle the appeals of matters originally tried by other lawyers. We have the advocacy skills required to prepare appellate briefs and to bring these written words to prepare appellate briefs and to life in oral argument. Contact us now to schedule your free consultation on your divorce or Family Court appeal.

Preserving a favorable outcome at trial, reversing errors made by the trial court, or defending against your adversary’s appeal, require unique appellate practice skills. These skills include the ability to analyze issues correctly, to write clearly and persuasively, and to coherently and persuasively argue before the panel of appellate judges who will decide your case. If you need representation in appealing a divorce, call us. We can help.