Most court orders are subject to appeal. Even temporary orders, such as pendente lite alimony and support are subject to appeal. Discovery orders, however, are not subject to appeal.
The lawyers at Ferro & Battey have extensive experience in family law appeals.
An appeal will add expense and time to the process. Orders of custody, visitation, periodic alimony, and support must be complied with during the appeal, unless the trial judge decides otherwise. Property division orders need not be complied with during the appeal, unless the trial judge decides otherwise.
An appeal is not a new trial. Instead the appellate court will review the trial court’s decision in light of the information presented to the trial court. The appellate court does not hear new evidence. An appeal usually takes one and one-half years, sometimes more. Most appeals result in the appellate court upholding the trial court’s orders. Where the appellate court concludes that the trial court’s orders were improper, the orders will be set aside and, usually, the case will be remanded for a new trial before a new trial judge.
Ordinarily, a party may not appeal from an order which results from an agreement of the parties. Thus, negotiated settlement has a significant advantage over trial: Negotiated settlement ends the case; trial may merely result in an appeal which, even if successful, may result in another trial.