Divorce Appeal Lawyer
No judge enjoys rendering a decision in a contested divorce trial. But, when the parties are unable to agree, the court must make several rulings subject to appeal on alimony, monetary awards and property division, child custody and visitation, sanctions, attorneys’ fees and other matters. Given the number of issues generated in such a hotly contested and emotionally volatile setting, it is not uncommon for courts to misapply the law or overlook crucial facts. If this occurred in your case, then you should file an appeal.
AppellateLegal is a Maryland appellate law firm that can handle any divorce appeal. If you believe that the court committed an error in its alimony award, monetary judgment, child custody and support determination, or made a legal mistake on any other issue in your case, we can help. Or, if you believe the court made the correct decision but the other side has filed an appeal, we can defend your rights. Contact us today at 410.356.8859.
Appeal of an Award of Alimony
In the case of Whittington v. Whittington, 172 Md. App. 317 (2007), the Circuit Court for Anne Arundel County, Maryland ordered the husband to pay the wife permanent alimony. The court reasoned that since the husband earned significantly more income than the wife, indefinite alimony was “required” because the parties’ incomes were “unconscionably disparate.” The Maryland Court of Special Appeals reversed the decision, holding that, by stating that the award was “required,” the lower court misapplied the law. In other words, the appellate court held that an error occurred because the lower court did not recognize that it had discretion in the matter.
A much different result was reached in Turner v. Turner, 147 Md. App. 350 (2002). There, not only did the appellate court hold that indefinite alimony was appropriate, but it went even further, and reversed the Circuit Court for Baltimore County, Maryland for not awarding a high enough amount. The lower court awarded $2,000 per month in indefinite alimony. However, the appellate court reasoned that the amount was insufficient, because the lower court failed to fairly consider the wife’s expenses, and the wife’s imputed income of $35,000 per year was substantially less than the husband’s income of $260,000 per year.
Appeal of a Divorce Monetary Judgment
In Coutant v. Coutant, 86 Md. App.581 (1991), the Circuit Court for Anne Arundel County, Maryland was reversed for failing to consider the proceeds from the sale of the marital home in awarding a monetary judgment. At the time of the divorce decree, the court granted use and possession of the home to the wife. As a result, it was legally unable to award a judgment based on the value of the home at that time. When the home was ultimately sold, the court again refused to award a monetary judgment based on the proceeds of the sale, reasoning that it had already entered a ruling concerning the property. The Maryland Court of Special Appeals held that the lower court’s prior ruling did not resolve the issue of a monetary judgment, and the parties were entitled to a ruling on the matter.
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Our firm can review your divorce case to determine if there are grounds for an appeal. We offer competitive flat rates, rather than unpredictable hourly billing. And there are no hidden fees. After our consultation, you will know the total fee for representation in your appeal, as well our strategy to win your case. There are strict deadlines imposed by the court system for appeals. Accordingly, it is imperative that you act promptly to make sure you do not lose your rights. Fill out the contact form on this page or call us today at 410.356.8859.