Family Law Appeals

When your family’s well-being or financial future is in jeopardy, resolving a family law dispute is oftentimes a very difficult and emotional process for you and your loved ones. This is especially true if your case goes to trial—when what matters most in life falls into the hands of an elected judge or unpredictable jury. Tragically, not every family law case ends with both sides feeling comfortable and satisfied with the court’s final decision. However, a lower court’s judgment is not always proper, and may be challenged on appeal to higher court.

When appropriate, it is possible to successfully overturn improper rulings related to divorce, child custody, property division, as well as many other contested family law issues. Overturning a final judgment on appeal is much different than the standard process of trial court litigation, requiring specialized knowledge and experience related to the procedural and substantive aspects of appellate law.

It is important to be aware that, in any case, even the most experienced appellate attorneys agree that it is inherently difficult to overturn a court’s final decision, given the present standards in our justice system, and the burden of proof is on the party making the appeal. Being unhappy with a trial court’s decision is not—by itself—grounds for an appeal. Therefore, our appellate attorneys must carefully review the trial court record before making a recommendation to proceed with an appeal of a trial court’s decision. Appellate decisions, whether in state or federal courts, often take many months to obtain, and sometimes even years. Nevertheless, abuse of judicial discretion at the trial court level often results in pain, hardship, and familial strain that can last lifetimes.

Thanks in large part to its diverse team of distinguished family law experts, The Law Office of Steven C. Benke* provides experienced and highly effective appellate-level representation, with attorneys dedicated to obtaining the best outcome possible at all stages of your case.