The legal decisions made in Oklahoma divorce and child custody cases can have wide-ranging and long-lasting consequences and, unfortunately, they aren't always positive. Unfavorable court decisions can result in significant loss—loss of property, loss of time with your children and, in extreme cases, potentially even the loss of your parental rights or freedom.
Fortunately, even if the rulings in your divorce or child custody case were less than favorable, all is not lost. If you believe an error in your case resulted in a detrimental court decision, you may be entitled to an appeal. Here's what you need to know about an Oklahoma appellate review and how the attorneys with the Law Office of Aaron D. Bundy, PLC, can help you navigate the appeals process.
What an Appeal Is—and Isn't
The idea that appealing an unfavorable legal decision means automatically getting a new trial or a new judge is a common misconception. An appeal isn't a second trial; it's an official request to have the original decision reviewed by a higher court. During the appeals process, the appellate court will reconsider your case based on a review of the original evidence. However, no new or additional evidence can be introduced.
Grounds for an Oklahoma Appeal
Unfortunately, in Oklahoma, simply being dissatisfied with a judge or jury's decision in a divorce or child custody case doesn't entitle you to an appeal. However, if a mistake in your case led to an unfavorable outcome, you may have sufficient grounds to appeal the decision. Examples of the types of trial errors and problems that may warrant appeal include:
- Misapplication of the law
- Decisions not supported by evidence
- Jurisdictional issues
- Abuse of the court's discretion
- Improper evidentiary rulings
- Constitutional issues
Why You Need an Attorney With Appellate Experience
When seeking to overturn an Oklahoma court's decisions on complicated matters like divorce, property division, or child custody and support, not just any divorce attorney will do. You need an accomplished attorney who has extensive experience successfully handling appeals.
While any family law case can be complicated, appeals cases are especially so—and, as a result, they require a very particular set of legal skills. For example, appellate attorneys must be intimately familiar with the U.S. and Oklahoma constitutions, divorce statutes, related legal precedents, local court rules, and state and federal regulations on matters such as taxes, child support, alimony, insurance, protective orders, retirement accounts, mental health records, and other issues. With so much at stake, it's vital to ensure that the attorney you choose to represent you throughout the appeals process has what it takes to be a strong and effective advocate.
Appealing an Unfavorable Decision in Oklahoma
After receiving a devastating decision in your divorce or child custody case, you don't have time to sit around and nurse your wounds. The state gives you just 30 days to appeal a court order. Failing to file your appeal within the 30-day deadline means permanently losing your right to pursue a legal remedy. Don't let this happen to you. Involve an experienced family law appellate attorney in your case as soon as possible, so they can get to work advocating on your behalf.
Fierce, Client-Centric, Results-Focused Representation for Divorce & Child Custody Appeals
When a legal or procedural mistake results in an unfavorable decision in your Oklahoma divorce or child custody case, an appeal offers a chance for relief. However, judges have broad discretion in family law cases, and getting a decision overturned can be challenging.
With so much at stake, you can't risk going it alone. Fortunately, you don't have to. Don't leave the outcome of your appeal to chance—leave it to us. At the Law Office of Aaron D. Bundy, PLC, our experienced family law legal team is uniquely equipped for complex appellate work and our long track record of success speaks for itself. Interested in learning how we can help you achieve your goals for the appeals process? Contact us today to schedule an appointment for a private consultation.