Joplin Divorce Appeals Lawyer

Even after a divorce judgment has been entered, you may realize that you disagree with the trial court’s ruling. If you believe that a legal mistake was made during your case, you should consult with a knowledgeable Joplin divorce appeals lawyer. Although every situation is unique, divorce appeals involve many different rules and procedures that are distinct from divorce litigation in a trial court.

A Record of Handling High-Profile Family Law Issues

Bundy has extensive experience representing clients in complex divorce and business litigation cases. Appeals can occur for any number of reasons, but are often seen in divorces involving significant assets. These may include closely held businesses, executive compensation, complicated trusts, professional practices, or high-conflict custody cases.

The Joplin family law attorneys at Bundy include Fellows of the American Academy of Matrimonial Lawyers (AAML). Our managing partner, Aaron Bundy, is also the only Fellow of the International Academy of Family Lawyers (IAFL) licensed in Oklahoma*. We understand how complex divorces are litigated at trial and on appeal.

About Divorce Appeals

The CDC reports that Missouri has a divorce rate of 2.6 per 1,000 people and a marriage rate of 5.7 per 1,000, with many of these cases eventually requiring appeals.

When you appeal a judgment from the trial court, you are asking a different judge or group of judges to review the existing court record in order to determine whether legal mistakes were made. Appeals are not new trials. As such, there are no witnesses, and no new evidence is heard by the appellate judges.

You should consult with your attorney if you feel that the judge in your case made errors regarding divorce laws that affected his or her judgment. For example, maybe a witness was permitted to offer testimony that would not have otherwise been allowed. It’s also possible the judge made a mistake in applying the relevant law to the final divorce decision. These types of errors may be correctable on appeal.

Missouri Divorce Appeals Laws

Divorce appeals in Missouri are handled by the Missouri Court of Appeals, Southern District. Like any legal claim, appeals must be filed within certain time limits. There are strict deadlines for taking an appeal from a Missouri Circuit Court. If you wait too long to file, you may lose your right to appeal.

Issues related to marital property division are typically ruled upon according to Missouri Revised Statutes § 452.330. Child custody issues are decided under, in part, Missouri Revised Statutes § 452.375. If you believe that the judge in your case applied the wrong law or applied the law incorrectly, you should speak with a Joplin divorce appeals attorney about your options.

Issues Commonly Raised on Appeal

Divorce appeals can be based on many different issues. Some common errors that may be addressed during an appeal are listed below:

• Division of marital property
• Valuation of a business
• Maintenance awards
• Child custody
• Child support
• Interpretation of prenuptial agreements
• Attorney fees
• Trial court error

It is important to remember that not all legal mistakes can be corrected on appeal. To succeed on appeal, you must be able to point out specific errors made by the judge.

Preparing for Divorce Appeal Cases

Preparing for a divorce appeal begins with obtaining a copy of your trial court record. This includes transcripts, pleadings, exhibits entered into evidence during trial, the final judgment, and other court orders. Your attorney can carefully review the record to identify possible legal errors.

Individuals should also be aware that written briefs and in-depth legal research are frequently required for appeals. The appellate procedure may proceed more smoothly if the original case’s records are organized and the relevant filing dates are understood.

Why Hire a Divorce Appeals Lawyer in Joplin

Deciding whether to hire a divorce appeals lawyer with experience in Joplin to handle your divorce appeal is an important decision. Appeals are legal arguments, not trials. There are no witnesses and no new evidence presented to the appellate court. You should consult with an attorney who can explain your options for appeal. If your appeal is successful, your attorney can represent you at any further proceedings.

Although your appeal may eventually be heard by the Missouri Court of Appeals, Southern District, your case may likely start in the Jasper County Circuit Court located at 302 S Main Street, Joplin, MO 64836.

FAQs

Can Both Spouses File an Appeal in the Same Divorce Case?

Yes. Each party may appeal or cross-appeal different parts of the divorce judgment if they believe that different parts contain legal errors. The appellate court reviews those issues raised by either party according to the applicable rules and deadlines. Each party must specify what legal errors they believe were made that affected the trial court’s decision.

Does Filing an Appeal Automatically Stop the Divorce Judgment From Taking Effect?

No, filing an appeal doesn’t automatically stop the divorce judgment from taking effect. Initiating an appeal by itself doesn’t pause a trial court’s judgment. In certain cases, a party can request that the enforcement of the trial court’s decision be stayed pending appeal. However, such requests are not automatically granted. It depends on the law and the facts of each particular case.

What Is the Difference Between an Appeal and a Motion to Modify?

An appeal is based on whether the trial court committed an error of law in its ruling or not. A motion to modify requests that the court alter its original order due to a significant change in circumstances since the judgment was made. Motions to modify and appeals are different processes.

Bundy For Your Legal Needs

A divorce appeal is a technical legal proceeding directed at whether the trial judge properly applied Missouri law. Since the appeals court does not try your case again but only decides issues of law, it is important to understand how the appellate court works, deadlines you must meet, and the standards of review applied.

Reviewing the record from the trial court carefully allows you to decide whether you have grounds for appeal. Contact Bundy for your legal needs.

*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.