Appeals and Modifications in Divorce Settlements

A ruling on a divorce settlement is by no means final. Several channels are in place that allow either spouse to challenge a court’s decisions.

Parties dissatisfied with the outcome of a divorce hearing can appeal to a higher court, called an appeals court. Although it is rare for an appellate court to overturn the decisions of a previous judge in divorce cases, it is not unheard of.

The process generally begins with and is based around what is known as an appellate brief, which is submitted to the court by the representatives of both parties. This document contains a legal argument that references applicable case law and statutes. For the party seeking a new, different outcome, the brief will explain why the original court’s ruling was in error.

After submitting their respective briefs, the parties may be granted the opportunity to make oral arguments to supplement their claims. An appeal’s success or failure often rests on the evidence of the record, or a written account of what transpired during the trial court process.

This is because new evidence is usually not admissible during an appeals case. Moreover, after an appeals court has made its ruling, chances of this second decision being overturned are even less likely. However, it is possible to modify specific areas of a divorce judgment after it has already gone in the books, including:

• Child Custody Arrangements
• Visitation Hours
• Child Support
• Alimony (Spousal support)

Contact Us

For more information on the appeals process and modifications in divorce rulings, contact the experienced team of San Jose divorce lawyers at the offices of Daniel Jensen, P.C. today by calling 408-296-4100.