Bentonville Family Law Appeals Lawyer

If your case ended in family court and you believe the ruling was not based on the law or the evidence presented, filing an appeal could be an option. A Bentonville family law appeals lawyer can review the trial court’s proceedings to determine if any legal errors were made. The Bentonville family law attorneys at Bundy Law can assist you with appeals throughout Bentonville. We handle appeals involving divorce decrees, custody rulings, support orders, and cases involving million-dollar estates.

About Bundy Law

Bundy Law handles high-level family law cases. Aaron Bundy is Oklahoma’s only family lawyer who is a Fellow of the International Academy of Family Lawyers. Multiple partners at our firm are Fellows of the American Academy of Matrimonial Lawyers. Membership in these organizations signifies that our lawyers have been recognized by their peers and judges for their experience in high-conflict family law matters.

At Bundy Law, we manage complex family law cases throughout northwest Arkansas. Many of our appeals come from cases that were heard in Benton County at the Benton County Courthouse. Judges at this courthouse rule on cases involving divorce, custody, child support, and spousal support.

Why Family Law Appeals Are Different

Trial courts and appeals are very different from each other. During trial, your lawyer will gather witness testimony, collect evidence, and present facts to the judge. Appealing a case typically centers on contesting points of law.

Appellate courts determine whether the judge applied the law correctly during your case. There are no witnesses in an appeal. Instead, appellate judges review written legal arguments and may take time to read trial transcripts. For this reason, many appeals focus on minor legal mistakes that may have affected the outcome of your case.

Many issues can arise during a family law case that could be contested on appeal. These can include: 

• Errors in the judge’s understanding of the law
• Miscalculations of financial information
• Failure to rule in a way that is consistent with current case law

What may seem like a small legal mistake can be very important when a judge is making a decision that will impact who has custody of your children or how your marital property is divided. As Bentonville’s median household income is $112,792, there can be significant assets at stake.

Types of Cases That Can Lead to an Appeal

When dealing with family law cases, you will often find complex financial and personal matters. If you believe the judge’s ruling was not supported by law or the evidence that you provided, you may want to consider an appeal. Some situations that might warrant a family law appeal case could include:

• The judge misinterpreted the Arkansas family law code.
• There were miscalculations made with regard to income or asset division.
• Judges ruled on custody in a way that did not match the law surrounding the child’s best interests.
• There were errors during your trial that prevented you from having a fair hearing.

It is important to note that you cannot appeal a case simply because you disagree with the judge’s ruling. Appeals allow you to ask a higher court to review the decisions based on the legal errors that may have been made.

Hire a Family Law Appeals Lawyer

Some people believe they can handle an appeal the same way they did at trial. For these types of cases, you’ll benefit from retaining a Bentonville family law appeals attorney who focuses on appeals. When you hire a family law appeals lawyer to handle your appeal, you have someone looking for legal errors in the trial court’s ruling.

Essentially, your appellate attorney can review the rulings made in trial court. They can analyze the transcripts from trial, motions filed, and the final rulings to determine whether the judge applied the law correctly. Your attorney can then draft a legal brief, providing detailed information to the appeals judge about what legal errors were made. Your lawyer can also provide suggestions about what the appellate court should do to fix these errors.

In some cases, your attorney may even argue your case in front of a panel of appellate judges. Because written legal arguments are vital to appeals, having a Bentonville family law appeals attorney who knows how to strategically present your issues can improve your case.

FAQs

What Types of Family Law Cases Can Be Appealed?

Divorce decrees, child custody orders, child support decisions, spousal support awards, and property division decisions are just a few of the family law findings that can be appealed. Nonetheless, an appeal typically needs to demonstrate that the trial court erred in law or misused its discretion in reaching its ruling.

What Are the Costs Associated With Family Law Appeal Cases?

Appeal costs in family law will fluctuate based on complexity and length of the trial record. Family law appeal costs can include court filing fees, transcript preparation, and attorney research to draft appellate briefs. Appeals necessitate detailed scrutiny of trial records, so the overall cost may be affected by the length of your case.

Can a Family Law Appeal Change the Entire Court Decision?

Yes, the appellate court has the authority to overturn the decision, amend the ruling, or return the matter to the trial court for additional procedures. These outcomes are entirely possible if it is determined that the trial judge committed a legal error that affected the outcome. However, if appellate courts find that the legislation was appropriately interpreted, they may uphold the initial ruling.

What Happens If a Family Law Appeal Is Denied?

If the appeal is rejected by the appellate court and the ruling of the trial court is upheld, the initial decision will often continue to be in effect. Additional appeals to a higher court may be available in some circumstances. However, these appeals are often limited and depend on the elements of the law that apply in the case.

Contact Bundy Law Today

If your family law case may have grounds for an appeal, contact Bundy Law today. We can advocate for you in court and inform you of your rights.