Navigating the Appeals Process in Divorce Cases
Continuing our season-long Your Divorce Case series, Seth Nelson and Pete Wright welcome appellate attorney Ceci Berman to discuss what happens when divorce cases move to the appeals court. As a board-certified appellate practice attorney with extensive experience arguing before state and federal courts, Ceci brings deep expertise in family law appeals and complex commercial litigation.
The appeals process works very differently from trial court, with strict timelines and procedures that must be followed. Seth and Pete explore with Ceci how appeals aren't simply "do-overs" of the original case, but rather reviews of whether the trial judge made legal errors in their decision. Through their conversation, they break down the machinery of appeals - from filing deadlines to oral arguments before a panel of judges - and discuss what clients should expect during what can be a lengthy process lasting anywhere from 9 months to 2 years.
Questions we answer in this episode:
- What exactly is an appeal and how does it differ from the original trial?
- How long does the appeals process typically take?
- What happens if you win your appeal?
Key Takeaways:
- You have just 30 days from the final judgment to file an appeal
- Appeals are expensive and time-consuming - carefully consider if it's worth pursuing
- Winning your appeal means starting over - potentially with the same judge who ruled against you initially
This episode provides an invaluable look at a complex but crucial part of the divorce process that many people misunderstand. Whether you're considering an appeal or just want to better understand how the system works, Ceci's expert insights combined with Seth and Pete's practical experience make this an essential listen for anyone navigating divorce proceedings.
Links & Notes
- Ceci Berman – Brannock Berman & Seider
- Schedule a consult with Seth
- Got a question you want to ask on the show? Click here!
- (00:00) - Welcome to How to Split a Toaster
- (00:26) - The Appeal with Ceci Berman
- (01:55) - How Is It Different?
- (04:04) - Who Decides?
- (07:21) - Finality
- (08:21) - Triggers for an Appeal
- (13:57) - Preservation of Error
- (20:16) - Mechanics of an Appeal
- (27:48) - Three Judges
- (29:25) - Time to Get an Opinion
- (32:06) - What Your Role Is
- (35:21) - Juggling Relationships with Attorneys
- (36:24) - Stays
- (38:24) - Questioning Results
- (39:51) - Hard to Win
- (41:31) - Taking Time
- (43:39) - Expensive
- (45:24) - Wrap Up
Popular Podcasts
On Purpose with Jay Shetty
I’m Jay Shetty host of On Purpose the worlds #1 Mental Health podcast and I’m so grateful you found us. I started this podcast 5 years ago to invite you into conversations and workshops that are designed to help make you happier, healthier and more healed. I believe that when you (yes you) feel seen, heard and understood you’re able to deal with relationship struggles, work challenges and life’s ups and downs with more ease and grace. I interview experts, celebrities, thought leaders and athletes so that we can grow our mindset, build better habits and uncover a side of them we’ve never seen before. New episodes every Monday and Friday. Your support means the world to me and I don’t take it for granted — click the follow button and leave a review to help us spread the love with On Purpose. I can’t wait for you to listen to your first or 500th episode!
Las Culturistas with Matt Rogers and Bowen Yang
Ding dong! Join your culture consultants, Matt Rogers and Bowen Yang, on an unforgettable journey into the beating heart of CULTURE. Alongside sizzling special guests, they GET INTO the hottest pop-culture moments of the day and the formative cultural experiences that turned them into Culturistas. Produced by the Big Money Players Network and iHeartRadio.
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.