When a divorcing spouse is unhappy with the decisions and rulings a judge makes in their Maryland divorce case, they may choose to appeal the decision in a Maryland appellate court. Read on to learn more.
When it comes to how to resolve the myriad issues involved in a divorce – child custody and support, alimony, property division, and many more - couples have two fundamental choices. They can negotiate with each other (and their respective attorneys) and come to an agreement as to some or all of these matters, with their agreements reflected and approved by the judge in their final divorce decree. Alternatively, where the spouses cannot resolve their differences, the family court judge will make the decisions as to their respective rights and obligations going forward.
A spouse unhappy with a settlement they entered into may have regrets and second thoughts, but unless there was fraud or malfeasance involved, they will have to live with the terms of that settlement. But what happens when a divorcing spouse is unhappy with the decisions and rulings a judge makes in their Maryland divorce case? In such circumstances, they may choose to appeal the decision in a Maryland appellate court.
But appealing a divorce ruling is no small undertaking and should only be pursued in close consultation with your Maryland divorce lawyer. It is also important to understand what an appeal is – and what it is not.
An Appeal is Not a “Do-Over”
Many people are under the mistaken impression that an appeal is essentially a second bite at the apple; a “do-over.” They may think that they’ll have the opportunity to reargue their case and present their evidence and testimony in front of judges who they hope will make the “right” decision this time.
That is simply not how appeals work. It is certainly true that the appeal process provides a disgruntled spouse with a way to challenge certain aspects of the proceedings, rulings, and decisions in family court. However, an appellate court will only review a decision to determine whether the correct rules, procedures, and law were applied when the judge made his or her determination. These are “questions of law” and are the only matters an appellate court will consider. Appellate judges generally will not review the evidence and testimony in the family court in deciding an appeal. Instead, they will make their decisions based only on legal arguments of how Maryland law should be interpreted and applied
An appellate court will overrule a trial court’s decision only if the trial judge made an important legal error. Even if the appellate judges believe that the outcome in the family court should have been different, they will not overrule the lower court if no legal errors were made.
Deciding whether or not to appeal an adverse divorce ruling is a strategic and practical decision. Not every setback or disappointing decision in a divorce case can or should be taken to the next level. An experienced Maryland divorce attorney will understand when, whether, and how a decision made by the trial judge should be appealed to best serve their client’s interests.
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