When a court decision in a family law case feels unjust or contains legal errors, many clients wonder: Can I appeal a family law decision? At Hobson & Hobson, P.C., we understand the stakes are high — your parental rights, financial security, and family’s future may depend on the outcome. This article provides a comprehensive overview of the appeals process in Georgia family law, drawing on our decades of experience and the latest legal developments.
Understanding the Right to Appeal in Georgia Family Law
Georgia law allows parties to appeal a wide range of family law decisions, including those involving divorce, child custody, alimony, and property division. However, the process is governed by strict rules and deadlines, making it essential to act quickly and consult with experienced appellate counsel.
What Orders Can Be Appealed?
You may appeal final decisions such as:
- Divorce decrees
- Child custody and visitation orders
- Child support determinations
- Alimony awards or denials
- Equitable division of marital property
- Contempt rulings
Not every unfavorable ruling is appealable. A thorough review by a qualified attorney is crucial to determine if your case meets the criteria for appeal.
Types of Appeals in Georgia Family Law
Georgia distinguishes between several types of appeals, each with its own procedures:
- Direct Appeals: These are available as a matter of right for certain issues, especially child custody. The Notice of Appeal must be filed within 30 days of the final order. Georgia Code O.C.G.A. § 5-6-34(a)
- Discretionary Appeals: Required for issues like alimony or property division. Here, you must file an Application for Discretionary Appeal, and the appellate court decides whether to hear your case.
- Interlocutory Appeals: For temporary or non-final orders (such as temporary custody during a pending divorce), you need a certificate of immediate review from the trial judge and permission from the appellate court.
The Appeals Process: What to Expect
Not a Retrial
Appeals are not opportunities to present new evidence or re-argue your case. Instead, the appellate court reviews the trial court record to determine if legal errors occurred — such as misinterpretation of statutes or improper application of legal principles.
Possible Outcomes
The appellate court may:
- Affirm (uphold) the trial court’s decision
- Reverse (overturn) the decision
- Remand (send back) the case for further proceedings
Timelines and Deadlines
- Notice of Appeal: Must be filed within 30 days of the final order.
- Process Duration: Appeals can take up to a year or more, depending on complexity and court schedules.
Missing the 30-day deadline can forfeit your right to appeal, making prompt action critical.
Grounds for Appeal in Family Law
Not every disappointment is grounds for appeal. Common bases include:
- Judicial Misconduct or Bias: Evidence of unfairness or partiality by the judge.
- Errors in Support Calculations: Mistakes in child support or alimony calculations, such as using incorrect income figures.
- Child Custody Determinations: If the court failed to consider the best interests of the child or ignored critical evidence.
As a Georgia family law expert notes, “Appeals are not about re-arguing your case but about identifying and correcting legal mistakes that affected the outcome.”
Professional Advice: Navigating the Appeals Process
Why Legal Representation Matters
Appeals are highly technical and require a deep understanding of appellate procedure. At Hobson & Hobson, our attorneys leverage over 30 years of combined experience and specialized litigation training to identify appealable issues, prepare persuasive briefs, and navigate complex procedural requirements.
Costs and Duration
Clients should be prepared for a lengthy process and additional legal fees. While appeals can be costly and emotionally taxing, they may be the best path to correcting a significant legal error.
Success Rates
Family law appeals are challenging. Appellate courts give deference to trial judges, especially on factual findings and discretionary decisions. Success is more likely when clear legal errors are present.
Unique Insights and Strategic Considerations
- Emotional Impact: The appeals process can prolong uncertainty, especially in custody disputes.
- Strategic Review: Not every adverse decision is worth appealing. Sometimes, alternative remedies — such as modification or enforcement actions — may be more appropriate.
- No New Evidence: The appellate court will not consider new facts or evidence. The case is decided primarily on written arguments and the trial record.
- Oral Argument: In some cases, the court may allow oral argument, but this is not guaranteed.
How Hobson & Hobson, P.C. Supports Clients
Our approach is both empathetic and assertive. We balance compassion with aggressive advocacy, always prioritizing your rights and best interests. With five convenient office locations in Atlanta, Canton, Marietta, Alpharetta, and Roswell, we make it easy for clients across Georgia to access our services.
We stay at the forefront of family law through ongoing training and the use of advanced technology, ensuring efficient case management and clear communication. Our commitment to innovation means you benefit from seamless legal solutions and up-to-date strategies.
Government Guidelines and Resources
Appeals in Georgia family law cases are governed by the Georgia Rules of Appellate Procedure, and the Georgia Code. For more information on family law appeals, visit the Georgia Office of Dispute Resolution and the Georgia Supreme Court.
Frequently Asked Questions
Can I appeal any family law decision?
No. Only final orders (such as divorce decrees, custody, and support orders) and certain temporary orders (with special permission) can be appealed. Consult with an attorney to determine if your case qualifies.
How long do I have to file an appeal?
You must file a Notice of Appeal within 30 days of the final order. Missing this deadline usually forfeits your right to appeal.
Will the appellate court hear new evidence?
No. The appellate court reviews the existing trial record and written briefs. No new evidence or testimony is allowed.
How long does the appeals process take?
The process can take several months to over a year, depending on the complexity of the case and the court’s schedule.
What are my chances of success?
Success rates for family law appeals are generally low, as appellate courts defer to trial judges on factual matters. However, if there are clear legal errors, your chances improve.
What should I do if I want to appeal?
Contact an experienced family law attorney immediately to review your case and preserve your right to appeal.
Conclusion
Appealing a family law decision in Georgia is a complex, time-sensitive process that requires expert legal guidance. At Hobson & Hobson, P.C., we combine decades of experience, specialized training, and innovative technology to help clients make informed decisions and protect their rights. If you believe your family law case was decided in error, schedule a consultation with us to discuss your options and next steps.
For more information about our services and how we can assist you, visit Hobson & Hobson, P.C..
References & Further Reading:
- Georgia Code O.C.G.A. § 5-6-34(a)
- Georgia Rules of Appellate Procedure
- Georgia Office of Dispute Resolution
- Georgia Supreme Court
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
