Sophisticated Representation In Family Law Appeals
While there are many good family law attorneys in Michigan, most are unprepared to represent clients during the appellate process. If you need to appeal a ruling, such as those related to custody, property division or support, contact our legal team at Eisenberg & Spilman, PLLC.
We are one of the state’s premier family law firms, and our three attorneys have the skills, knowledge and experience necessary to represent clients in all family law-related matters, including appellate work. We will explain your rights and act quickly to preserve as many legal options as possible.
When And Why Can You Appeal A Family Law Ruling?
First things first: You cannot appeal a ruling simply because you don’t like the outcome. You’ll typically need to make one of the following assertions:
- The judge erred in their understanding or application of the law.
- The judge made a significant error regarding the facts of the case.
- The ruling was based on fraudulent information submitted by your spouse.
- The judge abused their discretion in some part of the case (such as refusing to admit certain evidence), and that decision impacted the outcome of the case.
- The judge made a ruling that was contrary to or inconsistent with the majority of the evidence.
You need to appeal as soon as possible after receiving the ruling. You often have just 21 days to initiate the process. The good news is that you don’t need to wait for the final order before appealing. Our attorneys can help you appeal a specific ruling while some aspects of the case are still pending.
Appeals Are The Not The Same As Modifications
When a court issues a ruling related to custody or financial support, the resulting order may be appropriate at the time. As circumstances change, however, the existing order may need to be altered. In such cases, either party can petition the court to modify an order. These usually occur months or even years after the initial order.
Appeals are different in a number of ways, including the fact that you are contesting the validity of the original ruling. Appeals need to be filed much more quickly, and they are likely to face greater scrutiny than a petition to modify an existing order. Our attorneys are ready to skillfully represent you in either appellate or modification proceedings.
Discuss Your Case During An Initial Consultation
Eisenberg & Spilman, PLLC, is based in Birmingham, and we serve clients throughout the surrounding areas of Michigan. To learn more about how we can assist you, contact us to schedule an initial consultation by calling 248-469-0613. You can also reach out online. In addition to our regular business hours, we are pleased to offer evening and weekend appointments, by request.