Practice Areas
03. Appellate Law
Appellate Law
Do you have a final judgment in your family law case? Do you feel that there were errors made that affected your rights and therefore the outcome of the matter? Appeals can be expensive, but necessary to right wrongs. We can review your order and consult with you to determine whether there may be grounds for an appeal and whether an appeal is likely to improve your situation. Appeals have time sensitive deadlines, so you must act NOW to ensure that your right to appeal is preserved.
No, separation agreements are not required for legal separation in North Carolina. Although it is not required in some cases it may be recommended to have one if both parties agree on the terms of any or all of the family law issues, they may have including child custody, property division, spousal support, and/or child support.
It typically takes about 60 days from the filing of the lawsuit for Absolute Divorce for the divorce to be granted by the Court. Once the Civil Summons and Complaint has been served, you have 30 days to file a response and/or any counterclaims that you may have. If you have been served with a Civil Summons and Complaint speak to an attorney immediately to protect your legal rights.
The easiest way to begin a marital separation is for one spouse to voluntarily move out of the marital home. If neither party is willing to leave the home, then one of the party’s can file a “divorce from bed and board” when there have been marital misconduct on the part of the other spouse. The court would conduct a hearing and if the court finds that offending party committed marital misconduct, then the court can require the offending party to vacate the marital home.
After a claim for child custody is filed, the parties must attend mandatory mediation. If parents are able to agree in mediation, then the judge will adopt the agreement as a court order. If the parents are unable to agree, then the court will set the matter for trial before the judge. The standard that the judge will use to determine custody is “the best interests of the child”.
In the event that you become incapacitated and cannot make decisions for yourself, it is important to have someone you know named to make financial and/or healthcare decisions for you. This will allow your bills to continue to be paid, your property and investments maintained and your important health care decisions to be made. Failure to have something in place will cause your loved ones to have to petition the court for the rights to make these decisions for you.
Some have strong feelings about artificial nutrition and hydration should they become in need of these living saving measures. If you are that person, then you will want a Living Will which states under those circumstances what a doctor may do if you are incapacitated and cannot make those decisions. These are used for the most extreme health care situations.
There are times when the trial court’s order is not the final word on a domestic or family law matter. The Appellate courts may review the order in certain cases. The appellate rules and procedures are different from the rules and procedures in at the trial court level. After your trial has ended, you may be able to file an appeal requesting the higher court to undo the ruling of the lower court due to legal error. The appeals court would review the information and can either agree with the trial court, vacate or throw out the order of the trial court, remand or send back to the trial court with instructions, or order a new trial.
There are times when the trial court’s order is not the final word on a domestic or family law matter. The Appellate courts may review the order in certain cases. The appellate rules and procedures are different from the rules and procedures in at the trial court level. After your trial has ended, you may be able to file an appeal requesting the higher court to undo the ruling of the lower court due to legal error. The appeals court would review the information and can either agree with the trial court, vacate or throw out the order of the trial court, remand or send back to the trial court with instructions, or order a new trial.
There must be legal grounds for objection to a court ruling. This means that you cannot simply appeal a final court order simply because you don’t like it or you disagree with it. You can ask an appellate court to review your case again if the court has made mistakes in your trial like: • The court misunderstood or did not properly consider key facts. • The court improperly applied the law.
There must be legal grounds for objection to a court ruling. This means that you cannot simply appeal a final court order simply because you don’t like it or you disagree with it. You can ask an appellate court to review your case again if the court has made mistakes in your trial like: • The court misunderstood or did not properly consider key facts. • The court improperly applied the law.