How Long Do Family Law Appeals Take in Oklahoma?

You’ve received a final judgment on your divorce, child custody agreement, or other family law matter, but the judge misapplied the law when considering your case. You can then file an appeal to attempt to get the decision reversed. An important question to ask is, how long do family law appeals take in Oklahoma? The answer is more complicated than you might assume.

Initial Timeline for Appeals

The first thing you should know about appeal cases is that while there is no set time limit for judges to consider your case, there is a strict statute of limitations for filing it. Filing an appeal is a simple matter of submitting a petition in error to the appellate court with the help of an Oklahoma family law appeals attorney.

When you file a petition in error, you’re essentially asking a higher court to review any potential legal mistakes made in the initial case. Be prepared to provide evidence of judicial mishandling or other legal or procedural errors.

The Question of Judicial Backlog

How long it takes for your case to be heard by the appellate court will vary depending on whether the court has a backlog. The court published only 24 public opinions in 2025, but that doesn’t mean it heard only 24 cases. The Court of Civil Appeals hears hundreds to thousands of cases per year.

How long it takes for your case to come before the panel depends on how many other cases are awaiting decisions. Given that Oklahoma had the highest divorce rate among states in 2024, there could be quite a few cases coming before the family appellate court.

Timeline for Filing Your Brief

How long it takes for your case to be reviewed depends on some factors that you can’t control, such as court backlogs and staff resources. You can submit your brief early, which is the next step in appealing a court decision, though it’s not guaranteed to speed up the process. You have 60 days from the day the record is filed with the appellate court to submit your brief.

Your brief should contain your written argument that the lower court committed substantial errors in the application of the law, along with evidence to support your claim. Your Oklahoma family lawyer will use the brief to build your case, which occurs before the court even hears your appeal.

Along with a brief, you’ll also need to submit a record of the original court proceedings. It should include:

• Pleadings
• Pre-trial motions
• A transcript of what happened
• Exhibits put into evidence
• Post-trial motions
• Discussions with judges that happened on the record

You can’t introduce any new evidence to the appeals court or object to rulings that occurred in the trial court.

How Long Does It Take for the Court to Issue a Response?

It can take anywhere from a month to over a year for the appellate court to issue its decision. There is no strict deadline for the court to issue an opinion. Only lawyers and their clients are subject to procedural deadlines. Your attorney can keep you up to date on the progress of your case.

Understanding the Court’s Decision

There are four ways the appellate court can respond to your case. The three-judge panel can:

• Affirm the initial decision. This keeps the initial ruling intact and prohibits you from filing further appeals.
• Reverse the decision. This reverses the decision and often replaces it with a new one.
• Remand the case. The case is returned to the trial court for further litigation.
• Send it to the Supreme Court. In some rare instances, the Court of Appeals sends cases to the Oklahoma Supreme Court for further review. It’s up to the judges when to send a case to the Supreme Court.

Once the court makes its decision, there’s little you can do about it. Try to be patient while you wait for the final judgment and accept it for what it is when it is handed down.

FAQs

How Long Does a Family Law Appeal Take?

How long a family law appeal takes depends on the complexity of your case and whether the court has a backlog of other appeals to work through before getting to yours. In cases where current child custody arrangements may put a child in danger, the appeals process can be expedited. Otherwise, try to be patient.

What Are the Odds of Winning a Family Law Appeal?

The odds of winning a family law appeal are not very good unless you meet the conditions for appealing the ruling. You can’t file an appeal just because you disagree with the outcome of the case. However, if you can point to specific instances of legal errors or judicial indiscretions that affected the outcome of your case, you may be able to win your appeal.

Do You Get the Same Judge When You Appeal?

You do not get the same judge when you appeal. The appeal is heard by a separate appellate court. The Oklahoma Court of Civil Appeals will affirm, reverse, or remand the judge’s decision, meaning you could wind up with the same judge a second time if your case goes back to the trial courts for further deliberation.

What Decisions Cannot Be Appealed in Family Court?

Decisions cannot be appealed in family court without the proper grounds to appeal them, such as significant legal errors or the misapplication of statutes. Temporary orders also cannot be appealed until a final order has been issued. After that point, you have 30 days from the final judgment to file a petition in error to appeal your case.

Hire an Appeals Lawyer

If you’re interested in appealing a family law decision, your next step is simple. Hire an appeals lawyer to help you with your case. Bundy Law has handled countless family law appeal cases over our years in practice. Our team includes acclaimed attorneys, and our primary focus is family law, so when you work with us, you’ll know you’re in good hands. Contact us to schedule an initial consultation today.