After a divorce is finalized, either spouse may appeal or modify the divorce decree.
If you firmly believe that the judge seriously erred in his ruling, the next step is to file a notice of appeal. All deadlines and procedures must be exactly adhered to. Be aware that settlement agreements usually are not overturned on appeal if both spouses agreed to the terms of the settlement unless there are intervening factors.
After filing the notice of appeal with the court and serving all relevant parties, the Record on Appeal is prepared. Among other papers and documents, the Record also comprises the court reporter’s trial transcript, pleadings, and exhibits and documents introduced at trial.
Your attorney then files with the appellate court an Appellate Brief that advances supportable written legal arguments detailing why the trial court acted incorrectly.
The amount of time the court takes to hand down a decision varies. If the appellate decision does not uphold the trial court’s decision, the case is remanded (sent back) to the trial court to either modify the decision or to conduct a new trial.