Worcester Appeals Attorneys

Probate and Family Law Appellate Court Lawyers

When parties cannot reach a settlement, the contested issues must be tried before a Probate and Family Court Judge.

In turn the judge will issue a judgment. If a party is unhappy with that judgment, either in whole or in part, the right choice for that person may be to appeal the underlying judgment. The attorneys of the family law group at Mirick O'Connell have successfully handled countless appeals, challenging lower courts' decisions in family law matters.

Clients will benefit from the Family Law Group's combined and extensive knowledge of appellate procedure, research and writing, as well as appellate oral advocacy.

Because of the many limiting time standards that apply in appellate advocacy, it is imperative to contact an attorney immediately upon learning of an order you may want to challenge. It may be that you decide not to appeal (because of expense, or likelihood of success, or both!) but it would be terrible to be prevented from appealing because of a missed deadline.

Divorce appeals happen in contested divorce trials when one spouse simply cannot live with the results or how that result became memorialized in the final divorce decree. That former spouse, who is called the appellant, argues that the appeals court should reverse or overturn the trial court decision.

Successful appeals happen when the appellant demonstrates that the court made an error in the conclusions of law that form the basis for its judgment. As a practical matter, this means demonstrating that the judge abused his or her discretion, or made a ruling that was erroneous as a matter of law, fact or procedure.

Anyone contemplating appealing a divorce judgment should think carefully about the decision before acting. Appeals are expensive. Often they cost as much as if not more than the trial. Issues raised on appeal are often very complicated and technical. Not only are appeals expensive, but also the appeal precludes closure and moving on. The process may take a year or so and sometimes even longer. The appellant may also be required to pay the expenses of the appellee - the former spouse.

Westborough and the Surrounding Areas

If an appeal is the right choice for you, the attorneys of the Family Law Group of Mirick O'Connell can help. Contact us for an initial consultation.