In Washington State, you can appeal a divorce judgment or final order based on a decision from a trial court in certain circumstances, but there are strict requirements regarding when and how.
If you believe that a ruling should be reconsidered, a Seattle divorce lawyer may be able to help.
When Can You Appeal a Divorce Judgment?
Courts generally do not overturn decisions simply because one party believes the judge made the wrong choice. Instead, the appeal must usually be based on a legal issue that occurred during the case. Circumstances that could give your case grounds for an appeal may include:
- The law was applied incorrectly
- Court procedures were not properly followed
- Important evidence was improperly admitted or excluded
- Judicial errors affected the outcome
Appellate courts are higher-level courts that may review decisions made by trial courts. Generally, trial judges have significant discretion in family law matters, but if your circumstances allow, you can appeal a divorce judgment to an appellate court. Working with a Seattle family lawyer can help you determine if you have a case.
Commonly Appealed Aspects of a Divorce Judgment
While you can appeal any part of a divorce judgment, if warranted, certain issues lead to appeals more frequently. Often, these scenarios involve children. Child custody and child support are frequently disputed issues seen by appellate courts.
Other examples can include spousal support awards. Whether one party believes they are paying too much or the other believes they are not paying enough, courts frequently see these cases return for appeal.
Since Washington State is not a 50/50 divorce state, but rather assets are divided equitably (RCW 26.09.080), there are often disputes over who receives what property. Often, one or both parties are unhappy with the split and request an appeal of the decision.
Appeals Usually Have Strict Filing Deadlines
In Washington State, you can appeal a divorce judgment, but there is a strict timeline. You typically have 30 days from the final written judgment to file a Notice of Appeal with the courts for your case to be considered.
Another option is a Motion for Revision (RCW 2.24.050). This applies if your hearing was before a court commissioner rather than a judge. This motion would request that a Superior Court judge review and possibly overturn the decision. This must be filed within 10 days.
Having a lawyer who understands Washington law, particularly one who is local and familiar with the area courts, their judges, clerks, and other employees, is a vital partner when filing an appeal. The legal system can be complex, and navigating the courts alone can be a challenge.
The Appeals Process Focuses on the Existing Court Record
When requesting a divorce appeal, it is important to understand that no new evidence may be submitted. The appellate courts will only review the court transcripts and existing evidence from the original trial.
While you can appeal a divorce judgment, you cannot appeal on grounds other than that there is reason to believe the judge made a significant legal error or sufficient evidence that they abused their discretion.
To prove this, appellate court judges often review transcripts, court filings, trial evidence, judicial rulings, and written orders. A new trial does not occur, and there must be a significant reason to believe an error was made before appealing.
Not Every Judicial Mistake Will Lead to a Successful Appeal
Judges are human, and sometimes errors occur. For an appeal to succeed, it must be demonstrated that the mistake likely had a meaningful impact on the final decisions in your case. To determine if this occurred, appellate judges often look for:
- Procedural mistakes
- Evidentiary rulings
- Misapplication of statutes
- Incorrect legal interpretations
When investigating whether you can appeal a divorce judgment, your attorney may review your case, look at what errors, if any, occurred, and use that information to determine if your appeal may be successful.
Appealing a Divorce Judgment Can Be Time-Consuming and Expensive
Before deciding to initiate a divorce appeal, you and your attorney should discuss the financial and time commitments involved. Appeals can be expensive, so if there isn’t sufficient cause to appeal, your attorney may not suggest you pursue another route.
Appeals can involve attorney fees, potentially your own and the other party’s if you are unsuccessful, transcript costs, and filing fees. These costs may add up quickly, so it is essential that you and your attorney discuss how to avoid financial blunders in divorce and ensure that this won’t be one of them.
Appeals may also be time-consuming, often taking upwards of one to two years from start to finish, so you must be patient. Working with the right attorney means they will be honest with you about whether you have a case, and they will advocate on your behalf to ensure you get fair results.
A Successful Appeal Does Not Always Mean the Divorce Judgment Is Completely Reversed
Many people assume that winning an appeal automatically erases the entire judgment, but this is not always the case. There are many potential outcomes of an appeal, including:
- Affirming the judgment
- Reversing part of the judgment
- Sending the case back for further proceedings
- Ordering reconsideration of specific issues
- Correcting a legal error without changing every aspect of the case
Often, an appeal will correct judgments directly affected by the error, but it does not reverse or change other aspects of the ruling.
If You Believe Your Case Was Mishandled, You Deserve Proper Representation
Divorce is not easy. Add a judgment you believe is an error, and it becomes even more challenging. At Dellino Family Law, we understand the law and how it should be applied in divorce judgments. We are here to help. Contact us today to see if you have a case for an appeal and to get started.
