Bentonville Divorce Appeals Lawyer

In some cases, spouses have the right to contest an unfavorable divorce ruling if they believe it is not supported by law or the evidence presented at trial. A Bentonville divorce appeals lawyer can examine the trial court record, identify legal errors, and attempt to convince a higher court to reverse or modify the judge’s ruling. The Bentonville family law appeals at Bundy Law handle divorce appeals for clients throughout Bentonville, including property division, support orders, and custody disputes.

About Bundy Law

The Bentonville family lawyers at Bundy Law have experience in complex and high-net-worth family law cases. In fact, Aaron Bundy is the only attorney in Oklahoma to be named a Fellow of the International Academy of Family Lawyers. Several of our partners are also Fellows of the American Academy of Matrimonial Lawyers.

Bundy Law advocates for clients involved in complex family law cases throughout northwest Arkansas. Many divorce appeals are filed after a final order is entered by the Benton County Courthouse, located at 102 NE A Street in Bentonville, AR. The Benton County Circuit Court has jurisdiction over Bentonville divorce cases and hears disputes related to property division, alimony, and child custody.

Divorce Appeal Laws in Arkansas

In the United States, the divorce rate stands at 2.4 per 1,000 population. Arkansas’s marriage rate is 7.8, and its divorce rate is 3.0, which is higher than the national rate.

Specific divorce appeal laws t apply when either party wants to appeal a decision made by the family court. An appeal is not a new trial. Appellate judges do not hear testimony from witnesses, and they will not accept new evidence. During an appeal, the judges will review the record of your trial to determine whether the judge applied the law correctly. Common reasons to file an appeal include:

• Division of marital property
• Alimony awards
• Child custody determinations
• Interpretation of marital agreements

Keep in mind that appeals are judicial reviews. They focus primarily on the trial court’s application of the law. Your written brief is crucial to the outcome of your divorce appeal case.

Hire a Divorce Appeals Lawyer

Many divorcing spouses want to hire a divorce appeals lawyer after their case is finalized by the family court. This is completely normal, especially if your ex-spouse is represented by counsel. Divorce appeals require advanced legal knowledge and extensive litigation experience.

Appellate attorneys focus on legal research and written advocacy. Unlike trial attorneys, appellate lawyers do not typically interview witnesses or negotiate settlement agreements.

Experienced appellate lawyers know how to handle appeals. Our lawyers meticulously adhere to court deadlines and can effectively advocate for your position within the established legal framework. A Bentonville divorce appeals attorney can significantly increase your chances for a favorable outcome.

Common Reasons for a Divorce Appeal

Appealing a divorce ruling is only appropriate when the judge made a legal or procedural error that impacted your case. For example, you could appeal a divorce ruling if the judge applied the wrong law or improperly calculated your marital property. The following situations could serve as valid grounds for an appeal:

• Incorrect application of Arkansas divorce statutes
• Calculation or division errors during property division
• Improper determination of alimony obligations
• Failure to follow proper procedure during trial

The appellate court has the power to affirm the ruling, reverse the decision, or remand the case back to the circuit court.

The Divorce Appeals Process

The appeals process starts when you file a notice of appeal with the court. Generally, you will have a limited number of days to file your appeal after the divorce decree is issued by the judge.

After your notice of appeal is filed, the trial court record will be compiled and distributed to the appellate court. Similar to trial proceedings, each party will have an opportunity to write a brief to the court. Your divorce appeal brief will identify legal errors from the trial and explain why the appellate court should reverse the judge’s decision.

Oral arguments are not required, but your attorney may request an in-person hearing before the judges. Once the court receives your brief, it will issue a written ruling to decide your appeal. Appeals focus on legal principles and the documents from the trial. Build a strong case by hiring an experienced attorney who understands the appeals process.

FAQs

Can You Overturn a Divorce in Arkansas?

Yes, you can overturn a divorce in Arkansas on appeal. It does not retry the case, however. It corrects errors of law that may have been made during the trial. The appellate court reviews the record of the trial court proceedings to determine whether the trial judge applied the law correctly and followed proper legal procedures. If not, it may reverse or change the ruling.

How Successful Are Divorce Appeals?

Divorce appeals tend to be very difficult to win. Appeals in divorce cases are challenging because appellate courts tend to defer to the judge presiding over your divorce. Appellate courts don’t start from the beginning. They mostly review to make sure that the law was applied correctly.

This means most appeals are affirmed. Nonetheless, when a significant legal error, misinterpretation of a statute, or procedural flaw is present, your prospects for a favorable outcome could increase.

What Must Be Proven to Succeed With an Appeal?

To succeed with an appeal, the appellant must typically show that the trial court made an error of law that affected the outcome of the case. It is not enough for the appellant to simply show that they disagree with the judge’s decision. Appeals generally concern mistakes like the misapplication of law to the facts, misinterpreting statutes, or not considering evidence properly.

What Issues Can Be Appealed in a Divorce Case?

Typically, parts of the divorce judgment related to property division, alimony determinations, child custody, and child support awards can be appealed. To appeal one of these aspects of your divorce, you typically must demonstrate that the trial court made an error of law or procedure when ruling on your case. The appellate court may change the ruling or send the case back for additional proceedings if it finds an error.

Contact Bundy Law Today

If you might have grounds for a divorce appeal, the experienced legal professionals at Bundy Law can assist you in the legal process. Contact us today to advocate for your rights and future.