If you received an adverse decision in a family law case and you are considering filing an appeal, we are here as a legal resource. To set up a strictly confidential consultation with a Wisconsin family appeals lawyer, please call us at (414) 453-0800 or connect with us directly online.
An Overview of Appellate Law in Wisconsin
A family law dispute can be hard on a person. Reaching the end of a case can bring a tremendous sense of relief—but not if you have received an unfavorable ruling from the court. The family appeals process exists to give people a chance to challenge a decision that they believe was made in error. If you act quickly, you can appeal most types of family law verdicts in Wisconsin.
Though, it is important to emphasize that appeals are complicated. A family law appeal is not a new trial. You will not get a chance to have a second hearing of your case. Appellate law provides a chance for non-successful parties to challenge legal mistakes, misapplications of the law, or other material flaws in the process. There are strict rules and procedures in place for appellate law.
Know the Grounds of Appeal in a Family Law Dispute
One of the most important things to understand about family law appeals is that you cannot effectively appeal a decision simply because you are unhappy with the outcome of the case. As part of your appeal, you must present a comprehensive and well-supported argument that the verdict or the process was flawed. Specific grounds for appeal include:
- A misapplication of a statute;
- A misinterpretation of state law or state policy;
- Abuse of discretion by a family law judge; and
- Other major mistakes that materially impact the outcome of the case.
Are you thinking about filing a family law appeal in Waukesha County? If so, you should consult with an experienced Waukesha, WI family appellate law attorney. Act quickly: You have limited time to initiate an appeal. An attorney will be able to answer questions, assess your case, and analyze all potential grounds for appealing the decision.
Our Firm Handles All Types of Family Law Appeals
With a focus on family law, the firm of Karp & Iancu, S.C. has handled well over 10,000 cases in Wisconsin over the last three decades. We provide customized family law representation—handling the full range of family law cases and family law appeals. In Wisconsin, final orders in a family law case can always be appealed by the party that received an unfavorable outcome. In some situations, non-final orders can also be appealed — though only if that non-final order could cause irreparable harm if it takes effect. Family law appeals we handle in Waukesha, WI include:
- Property distribution;
- Alimony (spousal maintenance);
- Child custody;
- Child support;
- Paternity; and
- Protective order cases.
Four Stages of the Family Appeals Process in Wisconsin
There are unique procedures in place for family law appeals. If you are appealing an adverse ruling in a family law dispute, it is highly recommended that you consult with a Waukesha attorney who has experience with family appellate law in Wisconsin. Here are the four main stages of a family law appeal:
- File a Notice of Appeal: To appeal an adverse decision by a family law court—either a final order or a non-final order—you must first file a type of legal document called a Notice of Appeal. A Notice of Appeal is essentially a legal document used to preserve your right to challenge an unfavorable decision. There is limited time to preserve your right to appeal an adverse family law decision in Wisconsin. You only have 14 days to appeal a non-final order.
- Submit the Appellate Brief: A Notice of Appeal is a required step in the appellate process in Wisconsin. However, it is not your appeal itself. Appeals are handled largely on paper. There are strict limitations on the ability of the parties to enter new evidence or provide new testimony. Your appellate brief is where you raise, explain, and support your grounds for appeal.
- Attend Oral Argument (Some Cases): An oral argument (hearing) may or may not be scheduled for a family law appeal in Waukesha County. If an oral argument is required, then you must attend the hearing and prepare.
- Await the Decision: Finally, you will need to wait for a decision in your family law appeal. The family law appeals process can take awhile. Once a party submits a final appellate brief, it will take approximately 6 months for the court to review it. From there, it will take another 6 months after that for them to issue a decision. If your appeal is successful, the court will determine the proper remedy. Your case could be sent back down to the lower court with additional instructions or you could even get a new trial.
How Our Waukesha Family Appeal Attorney Can Help
Family appeals are complicated. At Karp & Iancu, S.C., we have the legal skill to help you navigate the process. Our family law firm always takes a proactive approach. When you call our Waukesha law office, you will have a chance to consult with a Wisconsin family law appeals attorney who can:
- Hear your case, review the record, and explain your options for appeal;
- Gather relevant records and handle the appellate law paperwork;
- Draft an appellate brief and represent you in an appellate hearing; and
- Develop a comprehensive legal strategy to help you secure the best outcome.