Can You Appeal a Divorce Settlement in New York?

Your divorce settlement is part of the final divorce decree issued by the court, specifying how you and your spouse will divide money, property, and debts between each of you after your divorce. It also includes alimony or spousal support if it’s awarded and healthcare and insurance coverage that one spouse may be required to maintain for a period of time.

This is a legally binding document that you and your ex agree to honor and cannot be changed without a new hearing in Nassau County or Suffolk Count court on Long Island, NY.

If you feel that your divorce settlement is unfair, you may be able to appeal the judge’s decision. However, this can be a complex process that requires the help of an experienced New York divorce lawyer. Here’s what to know.]

Understanding the Divorce Appeal Process

The divorce appeal process in New York is a complex and technical procedure that involves challenging a trial court’s decision in a divorce case. It is essential to understand that an appeal is not a retrial of the case, but rather a review of the trial court’s decision to determine if any errors were made. The appeals process typically involves several steps, including filing a notice of appeal, preparing the record on appeal, drafting and filing an appellate brief, and presenting oral arguments.

When you file a notice of appeal, you are formally notifying the court and your ex-spouse that you intend to challenge the trial court’s decision. The next step is to prepare the record on appeal, which includes all the documents and transcripts from the original trial. This record is crucial as it forms the basis of your appeal.

Drafting the appellate brief is a critical part of the process. This document outlines your legal arguments and supports them with applicable case law, statutes, and evidence from the trial court record. Finally, in some cases, you may need to present oral arguments before the appeals court. This is your opportunity to argue your case in person and answer any questions the judges may have.

Eligibility to Appeal a Divorce Settlement

To be eligible to appeal a divorce settlement, you must have a valid reason for doing so. This can include errors made by the trial court, such as misapplying the law or abusing its discretion. You must also file your appeal within the required timeframe, which varies by state. In New York, for example, you have 30 days from the date the divorce settlement is entered to file your appeal.

It is crucial to consult with an experienced divorce attorney to determine if you have grounds for an appeal and to ensure that you meet the necessary deadlines. Your attorney can help you assess whether the trial court made any legal errors or if there were any procedural issues that could justify an appeal.

The Legal Grounds for Filing an Appeal Against the Trial Court’s Decision

Unfortunately, you can’t just file an appeal if you feel that your divorce settlement is unjust. You have to have adequate legal grounds to challenge the court’s decision. For example, if you can show that the court misapplied the law or made procedural mistakes in your case, you may be able to successfully get an appeal hearing on the docket.

It’s also possible to file an appeal if the settlement was based on misrepresentations your spouse made that you only later discovered, or if you were forced to accept the settlement terms under duress. You will need to show strong evidence that your spouse lied or concealed their assets or that you were coerced to accept the settlement.

How Much Time You Have to File 

In New York, the clock starts ticking as soon as the final judgment, or divorce decree, is entered. Then, you only have 30 days to file an appeal. If you don’t file within this time frame, you will forfeit your right to appeal the court’s decision entirely.

Filing the Notice of Appeal

The first step in the appeals process is to file a notice of appeal with the trial court. This document notifies the court, your ex-spouse, and their attorney that you intend to appeal the trial court’s decision. The notice of appeal must be filed within the required timeframe, and it is essential to ensure that it is properly served on all parties involved.

Filing the notice of appeal is a critical step because it sets the appeals process in motion. Missing the deadline to file this document can result in losing your right to appeal. Therefore, it is important to work closely with your attorney to ensure that the notice is filed correctly and on time.

Gathering Evidence for Your Appeal 

For your appeal to be successful, you need to present compelling evidence that supports your grounds for appeal. The more evidence you have that shows your initial settlement was unjust, the higher the chances are that you will be granted a new hearing. This can include things like:

• Tax returns, bank statements, asset valuation, and other financial records to illustrate any inaccuracies or omissions in your spouse’s disclosure.
• Emails, letters, and text messages that indicate fraudulent behavior or coercive tactics.
• Statements from witnesses who can corroborate your claims.
• Statements from financial or legal experts who can provide professional opinions on misrepresentations or errors in the initial divorce settlement.
• Child custody agreements and related documents to support your appeal.

It’s also a good idea to get copies of your original court transcripts. These documents offer a detailed record of the settlement proceedings, including motions, judgements, court orders, and an exact transcript of what was said by everyone in the courtroom. This provides crucial evidence of any legal errors that may have been made by the judge.

Creating and Filing the Appellate Brief

The appellate brief is a written document that outlines your legal arguments and supports them with applicable case law, statutes, and evidence from the trial court record. The brief must be formatted according to the appeals court’s requirements and must be filed within the required timeframe. It is crucial to work with an experienced divorce attorney who is familiar with the appeals process and can help you draft a compelling appellate brief.

Your appellate brief is your primary tool for persuading the appeals court that the trial court’s decision should be overturned. It should clearly articulate the errors made by the trial court and provide a well-reasoned argument for why the decision should be reversed or modified. Attention to detail and adherence to the court’s formatting and procedural rules are essential for a successful appeal.

Presenting Oral Arguments

In some cases, the appeals court may require oral arguments, which involve presenting your case to a panel of judges. This is an opportunity for you and your attorney to argue your case and answer any questions the judges may have. Oral arguments are typically limited to a specific timeframe, and it is essential to be well-prepared to effectively present your case.

During oral arguments, your attorney will have the chance to highlight the key points of your appellate brief and respond to any concerns or questions from the judges. This can be a critical moment in the appeals process, as it allows the judges to engage directly with your arguments and gain a deeper understanding of the issues at hand. Preparation and practice are key to making a strong impression during oral arguments.

What to Expect During the Appellate Court Process

The appeals process can be long and it’s easy to get frustrated. Knowing what to expect ahead of time can help you prepare. When you file your Notice of Appeal, your argument will be reviewed by a higher court, or appellate court, which can issue a judgment that either affirms the lower court’s decision or requires a new hearing to take place.

The latter happens the least often and usually only in cases where serious misapplications of the law occurred. If a new hearing is set, a different judge will reevaluate the specific settlement terms and make changes accordingly.

How an Experienced Long Island, NY Divorce Lawyer Can Help Appeal Your Divorce Settlement

An experienced divorce lawyer with expertise in family law is a critical asset when it comes to filing your divorce settlement appeal. They can assess the fairness and legality of your initial settlement and identify if you have any legitimate grounds with which you can file an appeal.

Your attorney can also help you collect and organize important evidence to substantiate your claims and build a compelling case that demonstrates injustices and errors that occurred during the initial hearing. They’ll handle paperwork and phone calls on their end, so you can focus on your divorce recovery.

Contact Veteran New York Divorce Attorneys Hornberger Verbitsky, P.C. Today 

At Hornberger Verbitsky, P.C., we understand how difficult the divorce process is, especially when your settlement seems unfair. Our experienced Long Island, NY family lawyers are standing by now to provide you with the support you need to appeal your case if you believe there were errors in the final divorce settlement. Contact us today for more information or to book your free initial consultation and case evaluation by dialing 631-923-1910 or fill out the short form on this page.