Before embarking on the divorce appeal process, it’s vital to strategize for success. This blog outlines key factors that influence the outcome of a divorce or child custody appeal to the Court of Appeals, providing insights to enhance your chances of winning.
Filing an Appeal: by Right or by Leave?
Ensure you’re eligible to file an appeal by right, as incorrectly filed documents may lead to rejection, potentially causing you to miss crucial filing deadlines. An appeal by right guarantees that the Court of Appeals will consider your arguments.
Adhering to Strict Filing Deadlines:
The Court of Appeals imposes stringent deadlines. Failure to comply is a clear path to an unsuccessful appeal. Prioritize timely and accurate court filings to set the stage for a successful appeal.
Strategic Planning During Litigation:
Winning or losing an appeal often hinges on actions taken months before considering filing. A skilled trial attorney will have preserved appeal-worthy issues through correct pleadings, relevant caselaw citations, and strategic objections during the trial.
Crafting a Compelling Brief:
A well-written brief is paramount. Consider engaging an experienced appellate attorney for this task. The brief should concisely present trial facts, demonstrate how Michigan law applies, and highlight errors made by the trial court in its assessment.
The Uphill Battle:
It’s important to acknowledge that winning at the Court of Appeals is challenging. In 2022, only 17% of divorce decisions were reversed in Michigan. Engaging both a seasoned trial attorney and an experienced appellate attorney significantly improves your odds, but it’s still an uphill battle.
Seek Professional Assessment:
Before committing to the appellate process, consult an experienced appellate attorney for a comprehensive evaluation of your case. This step can save you from unnecessary expenses and provide a clearer understanding of your chances of success.
While winning a divorce appeal is a demanding endeavor, careful planning and expert guidance can significantly enhance your prospects. With only 17% of decisions reversed in 2022, it’s crucial to have a seasoned appellate attorney assess your case before proceeding. For a no-obligation conversation and a thorough case assessment, contact our experienced appellate attorneys at 616-285-0808.
