If divorcing couples in Arkansas litigate their family law matters, a judge will make key decisions about what will happen concerning a host of post-divorce concerns. The judge will look at financial disclosures and learns about the unique circumstances of the spouses before deciding what is appropriate for property division, custody matters and financial support. They will then integrate those decisions into final orders.
Couples typically need to comply with the instructions included in a property division order or the breakdown of parental rights and responsibilities in a custody order. Modifications of support and custody orders are sometimes possible when family circumstances change. But, occasionally, one of the spouses embroiled in a family law dispute may begin to question whether they have grounds to appeal the determination made by the family law judge. When are appeals potentially possible after divorce proceedings?
When prior misconduct comes to light
Dissatisfaction with a judge’s decisions about property division matters does not justify filing an appeal with the courts. However, there is one unusual circumstance in which a property division appeal may be possible. Spouses have an obligation to accurately and thoroughly disclose their resources to both each other and the courts as part of the property division process. If someone uncovers evidence that their spouse intentionally hid assets and provided inaccurate disclosures, they may have grounds to request that the courts review and revise the prior property division order.
When there was a legal mistake
Appeals are usually only possible when there is reason to believe that the courts made some significant mistake regarding the interpretation of the law. The appeals process involves the courts reviewing the same evidence presented during the initial divorce proceedings and then evaluating the final order to establish whether a violation of Arkansas law actually occurred. Family law appeals are sometimes useful when people believe that a judge erred in their decision. An appeal can be a very lengthy process, but it may end in a more favorable outcome for the party who believes that the original court order did not follow Arkansas law and may therefore have violated their legal rights.
Discussing the reason behind the desire for a family law appeal with an attorney may help someone evaluate whether it may be an option in their case.