Westport Appeal Lawyers
Challenging a Family Law Court Decision in Connecticut
Family court decisions can significantly affect your life, finances, and relationships. If you believe a ruling was legally flawed or unfair, you may have the right to challenge it through an appeal. At Ferro, Battey & Eucalitto, LLC, we help clients understand their appellate options and provide trusted guidance throughout this complex legal process.
Consult a Westport appeal attorney about your case by calling us at (475) 264-4362 or contacting a team member online. We serve clients in Fairfield County, including Darien, Norwalk, Wilton, and New Canaan.
The Right to Appeal in Family Law Cases
In Connecticut, most family law court orders can be appealed. This includes final judgments and temporary orders, such as pendente lite alimony and child support. However, some rulings—such as discovery orders—are not appealable. A discovery order refers to a ruling that compels one party to disclose information or documents relevant to the case, which is generally not subject to appeal.
Appeals offer a formal process to challenge decisions that may have resulted from legal errors or misinterpretations of the law. Our experienced team can evaluate your case and advise whether an appeal is in your best interest.
What to Expect from the Appeals Process
Pursuing an appeal adds time and cost to your case. Most Connecticut family law appeals take 18 months or longer to resolve. Specific court orders, including those involving custody, visitation, child support, and periodic alimony, must still be followed during this time.
In contrast, property division orders generally do not need to be followed during the appeal unless the trial court orders otherwise.
Understanding which orders remain enforceable during the appeals process is critical, as it can affect your legal and financial responsibilities throughout the case.
Appeals vs. New Trials
An appeal is not a new trial. Instead, the appellate court reviews the trial court’s decision based strictly on the evidence and legal arguments presented during the original proceedings. No new testimony or evidence is introduced.
An appeal aims to determine whether the trial judge made a significant legal error. If the appellate court finds that the law was misapplied or procedural mistakes affected the outcome, it may overturn the decision and remand the case for a new trial, often before a different judge.
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“I had a fairly complex case which involved adultery. Janet & Olivia were able to dissect the issue in a stepwise, logical manner, delivering ample rewards during the actual trial.”- Former Client
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“I know Ferro Family Law provided me the very best outcome I could hope for. Since then, I have retained them to represent me in some post judgment actions.”- Former Client
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“From the first time I met Janet & Olivia, through the end of my case, I knew I was in great hands. I cannot thank Ferro Family Law enough.”- Former Client
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“Aggressive, compassionate, cost-effective. I regularly refer Janet & Olivia to some of my most sensitive divorce cases. They are results-focused and responsive.”- Attorney Referral
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“This compassionate group of knowledgeable attorneys helped me and my children. I have and will continue to refer this firm to anyone in need of counsel for divorce.”- Former Client
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“Not only did Janet & Olivia quickly help me secure all protections for my daughter, they also ingeniously found a way to impel my spouse to get proper treatment.”- Former Client
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“Janet & Olivia genuinely care about all aspects of the client’s case and pay close attention to the client’s concerns, goals, and finances.”- Former Client
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“I have worked on several matters with Janet and Olivia. They are amazing attorneys. Smart, thorough and practical.”- Former Client
Have Questions?
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What is the difference between a divorce and a legal separation?Both a legal separation and divorce will change the status of your relationship. However, a divorce will end your marriage, and a legal separation will not. Both terms are similar but the outcome in each is different. In both, the court will divide the parties’ property and enter alimony and child support orders. Unlike divorce if spouses are legally separated, they are not free to remarry. Spouses may elect a legal separation over divorce for religious reasons or to keep certain financial benefits. A legal separation can always be converted into a divorce. Converting a legal separation into a divorce effectively requires the parties to repeat the process they went through to get legally separated. For that reason, legal separation is rare; divorce is far more common.
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How are child support obligations determined?In Connecticut, when determining child support, the court is required to consider the Connecticut Child Support and Arrearage Guidelines. The Guidelines set forth a presumptive child support award for each case based upon the parties’ combined net weekly incomes and the number of children the parties have. In addition, the court may consider a number of other factors, including, but not limited to, the estate and needs of the child, vocational skills and employability of each parent, and each parent’s earning capacity. The court may also deviate from the presumptive child support for different reasons, which can include shared physical custody, coordination of total family support, or extraordinary disparity in parental income. To learn more about the calculation of child support in Connecticut, including high-income cases, click here.
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Does Connecticut have no-fault divorce?Connecticut has no-fault divorce, meaning that neither party needs to establish that the other is at fault to get divorced. Instead, to get divorced, one party must show that the marriage has irretrievably broken down with no hope of reconciliation. However, no-fault divorce does not mean that the fault of one or both parties is irrelevant. The court may still consider fault when making awards of alimony or dividing property.
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What are the grounds for a “fault” divorce?
The fault grounds for divorce include adultery, fraudulent contract, desertion, alcohol or drug addiction, intolerable cruelty, imprisonment, and others. To get divorced, one party must establish one of these grounds. It is uncommon for one party to ask for a divorce on a fault-based ground.
A party does not need to file for divorce on a fault-based ground, however, to argue that the court should consider the other party’s fault. The court may consider the fault of either party when making alimony and property division orders.
