If you have obtained a divorce here in Waldorf, Maryland, but you are unhappy with your final divorce court Order, you have the option to appeal to a higher Maryland court. You may be unhappy with the Maryland divorce court’s Order for many reasons. Maybe the custody decisions were outrageous (to you)? Maybe you think the judge ordered too much — or not enough — alimony. Maybe you think that the divorce court made a legal error in claiming that some assets or property were “marital” property when those assets should have been deemed “personal” property. There may be many other aspects of the divorce proceedings and final Order that are unsatisfactory. Assuming that there are solid legal and factual grounds for appealing, you can appeal each facet of the decision to Maryland’s higher courts. You can appeal every facet or just a few.

If you think you want to appeal any aspect of your divorce case, you MUST ACT VERY QUICKLY. You have only 30 days to file an appeal. If you are considering an appeal, talk to us here at the Law Office of Robert Castro. Call us at (301) 870-1200. We are divorce and family law attorneys with offices in Waldorf, Maryland. Here is some general information on appealing your final divorce Order.

What is the timing?

As noted, you must file your appeal within 30 days of the divorce court’s final Order. There are certain methods of delaying the deadline. For example, a Motion For Reconsideration can be filed with the divorce court asking the divorce court to change its decision. But, even that sort of Motion, must be filed within the 30-day deadline.

How does an appeal begin?

The process of appealing a Maryland divorce court’s final Order begins with the filing of a Notice of Appeal. This is filed with the Maryland divorce court and, essentially, shifts the case to a new court — the Maryland Court of Appeals. If your appeal is not successful, then a second level of appeal can be attempted to the Maryland Supreme Court.

What does an appeal involve?

At the appellate level, the Court of Appeals is not engaging in a new trial. That is, the Court of Appeal is not hearing any new evidence. Essentially, the Court of Appeals is reading transcripts and documents that were made part of the Official Record at the trial/divorce court level. The purpose of an appeal is to evaluate whether the divorce court committed some legal error in making its decisions.

The spouse who appeals files papers — called a Brief — that identifies what the legal errors were. The brief cites various statutes, cases, and other laws and identifies places in the Official Record where relevant facts and documents can be found that support the arguments being made.

The other spouse then responds with its own brief arguing that no legal error was committed by the Maryland divorce court. Note that both spouses could file an appeal.

What happens if the appeal is successful?

If an appeal is successful, generally, the case is returned to the Maryland divorce court for “further proceedings.” What those “further proceedings” entail will depend on what issues were appealed and what the Court of Appeals decided.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.