October 8, 2010

Utah Divorce and Family Law Appellate Attorney

Appeals to the Utah Supreme Court and Utah Court of Appeals

In divorce and family cases issues arise which are some of the most sensitive imaginable.  The stakes are extremely high in such cases and if the case goes to trial the outcome can never be guaranteed.  Not only are the stakes high and the issues sensitive but there is the chance that you may get a judge who does not make correct ruling on issues of evidence or even on the ultimate outcome of the case.

A judge’s discretion is very broad in family law and divorce matters and as a result appealing the trial court’s decision may be precluded in some instances.  Nonetheless, there are standards that a trial judge must follow and there are rules of evidence that the trial judge must employ when deciding what types of evidence can be admitted.  If the trial judge fails to employ the appropriate legal standards or admits evidence which should not have been admitted there is a potential for a successful appeal.

There are other errors that a trial court can commit in adjudicating a family law or divorce matter as well. An experienced Utah divorce appellate lawyer such as those at Utah Divorce Hotline. will be able to help you understand if your case is appealable and your likelihood of success.

Appellate Briefs and Oral Argument

In the appellate phase of a divorce or family law matter your attorney will file papers with the appellate court explaining how the trial court erred and why such an error requires overturning the trial court’s decision.  Your spouse will have the opportunity to respond in written form and then the court will generally hold oral argument on the issues where your attorney and opposing counsel will have an opportunity to argue their case in front of the justices of the appellate court.  The justices will have an opportunity to ask the lawyers questions regarding their claims.

Contact Your Utah Divorce Appellate Attorneys

If you are looking to appeal your divorce or family law matter call Utah Divorce Hotline at 801.618.1331 or email us to find out how we can help you with an appeal.