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
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