Lincoln Family Law Appeals Lawyer

Lincoln Family Law Appeals Attorney

When a ruling in court doesn’t go your way, you have the legal right to file an appeal and ask a judge to review the facts. If there is evidence of improper application of the law or errors during the trial, you may be able to have the decision changed or reversed. But you’ll want to hire a Lincoln family law appeals lawyer to help you with the process and give you a better chance at securing a favorable ruling.

At Stange Law Firm, PC, we represent clients with all manner of family law issues. Whether you are heading to your initial trial or attempting to appeal a decision, we can get you the help you need and tirelessly advocate for your rights in court.

Can Stange Law Firm, PC, Help Me When I Want to Appeal a Family Law Ruling?

Whether you are dealing with an appeal related to child custody or spousal payments, we can help. Our team at Stange Law Firm, PC, has plenty of experience working in family law. Unlike other firms that take on cases in all kinds of disciplines, we seek to hone our skills exclusively in family law. This attention to one practice allows us to approach our client’s cases from a knowledgeable point of view and with plenty of experience to guide our approach.

What Is a Family Law Appeal?

A family law appeal in Lincoln, NE works similarly to any other appeal of a court’s decision. During an appeal, you can present your case to an appellate court and attempt to demonstrate a mistake in the original trial. You’ll need to showcase that the judge made an error of law during the proceedings.

Some of these errors of law include:

• Poor jury instructions: During a trial, a judge will give the jury plenty of instructions on how to consider the facts of the case and when to disregard certain statements or evidence. If the judge does not follow the correct procedure for instructing the jury, this is grounds for an appeal.
• Improper law application: If a judge imposes penalties or applies the law in ways they have no precedence for, this is a reason to appeal a decision. Judges have freedom in how they interpret and apply laws, but they have to work within the context of legal precedent and previous cases.
• Allowing inadmissible evidence: Not all evidence is permissible in a trial, and allowing improper evidence into a trial can poison a jury’s decision-making. Judges should throw out evidence that wasn’t legally obtained or relevant to a case.

When you appeal a family law decision, you’ll take the trial to an appellate court. You won’t be able to present new evidence or bring new witnesses to the stand during the proceedings. An appeals case is not a retrial, but it is instead a legal review of the previous trial. Once the appeals judge hears all the arguments, they will decide on the previous trial.

There are three main decisions a judge can make on appeal. They can uphold the previous ruling, change the previous ruling, or request a new trial.

If you disagree with the decision of an appellate court, you can file another appeal to take the matter to a “court of last resort.” Whatever this court decides is final, and you won’t have a chance at any more appeals.

What Are Some Aspects of Family Law an Appeal Can Change?

If you win your appeal, there may be several aspects of the ruling a judge may opt to change. These characteristics include:

• Property division: After a divorce, a judge will rule on how to divide the joint property. If you believe a judge ruled too harshly against you and you deserve more ownership of communal property, you could ask an appeals judge to amend the ruling.
• Custody agreements: In most cases, both parents have a right to have physical and legal custody of a child. If you believe your custody arrangement isn’t fair or is biased against you, you can make this argument on appeal.
• Child support payments: Judges will determine if a parent is responsible for child support payments depending on who has the greater share of custody and the income of both parents. Judges will occasionally put too much of a financial burden on one parent, creating an unfair situation.

Should I Hire an Attorney When Filing for a Lincoln Family Law Appeal?

Hiring an attorney gives you a better chance at an acceptable conclusion to your appeals case than trying to handle the situation by yourself. You may only get one shot at filing an appeal, so you’ll want to make the most of it by hiring an attorney. Going at it by yourself increases your chances of a judge denying your appeal and ending up with an unfair arrangement.

Proving there was fault in your family law trial is difficult. Your attorney will need to use legal precedent and intricate legal details to make the case for you. As someone with no experience in the law, you can jeopardize your case without an attorney present.

Any family law appeal carries with it some emotions. Whether you are fighting for custody rights or to lower spousal payments, you’ll likely feel quite strongly about the case and the people involved. Your attorney can give you an unbiased perspective on the case and your chances of succeeding on appeal. Not every appeal is successful, and your attorney will give you an honest view of if you have a legitimate chance at winning.