Did the court make a mistake in your divorce case in Washington? Appellate Counsel, P.C. can review the decision and help you understand whether an appeal is possible. Contact us today at (360) 660-1077 for a free consultation with a Washington divorce appeals attorney.
A divorce ruling can affect your finances, property, and family for years. If the judge applied the wrong law or made another serious error, you may have grounds to challenge the decision. Our attorneys focus exclusively on appeals and understand the rules governing appellate review.
Why Choose Appellate Counsel, P.C. for Your Divorce Appeal in Washington?
Challenging a divorce judgment requires a different approach than presenting a case at trial. At Appellate Counsel, P.C., our Washington appeals lawyers handle appeals exclusively, focusing on identifying legal errors, reviewing court records, and preparing arguments for appellate judges.
Our firm’s qualifications include:
- 84 years of combined legal experience
- Two victories before the Washington Supreme Court
- Attorneys licensed in more than a dozen states
- Admission to several federal circuit courts and the U.S. Supreme Court
Our Washington divorce appeals lawyers review trial court decisions and assess whether issues involving property division, spousal maintenance, or other divorce rulings may justify an appeal.
We can explain your options and the challenges involved so that you make informed decisions. Call us for a free consultation.
Can You Appeal a Divorce Decree in Washington?
Yes. You may be able to appeal a final divorce decree if the trial court made a reversible error. However, disagreeing with the judge’s decision does not automatically provide grounds for an appeal.
A divorce appeal generally asks the Washington Court of Appeals to review the existing trial record. Appellate judges consider whether the lower court applied the law correctly and whether its findings and decisions meet the required legal standards.
Some orders can be appealed as a matter of right, while others require permission for discretionary review.
What Divorce Decisions Can Be Challenged on Appeal?
A divorce decree may address several issues affecting your future.
Depending on the ruling, appellate review may be available for decisions involving:
- Division of property and debts
- Valuation of businesses, retirement accounts, or other assets
- Spousal maintenance awards or denials
- Parenting plans and residential schedules
- Child support calculations
- Enforcement of prenuptial or postnuptial agreements
Not every unfavorable ruling is reversible. An attorney can review the court’s findings, written orders, and applicable law to determine whether a challenge may be appropriate.
What Are Common Reasons to Appeal a Divorce Ruling?
A divorce appeal generally requires showing that the trial court made an error significant enough to justify appellate relief.
Potential grounds include:
- Applying an incorrect legal rule
- Failing to consider the required statutory factors
- Making important findings unsupported by substantial evidence
- Abusing judicial discretion
- Committing a procedural error that affected the outcome
For example, a court may make a legal mistake when dividing property or applying spousal maintenance rules. The appellate court reviews the issue under the appropriate standard rather than simply deciding whether it would have reached a different result.
How Long Do You Have to Appeal a Divorce in Washington?
Under Washington Rule of Appellate Procedure 5.2, a notice of appeal generally must be filed within 30 days after entry of the decision being challenged.
Certain timely post-trial motions may change when the deadline begins. Other procedural rules may also apply depending on the order and type of review requested.
Missing a deadline can preclude appellate review, so it is important to have an attorney promptly review your divorce ruling.
Can You Appeal Property Division or Spousal Maintenance Decisions?
Washington courts divide property and debts in a just and equitable manner under RCW 26.09.080. This does not always mean an equal division.
A property ruling may be challenged if the court applied the wrong law, overlooked required factors, or relied on unsupported findings. However, judges have considerable discretion, and an unequal division alone does not establish an error.
Spousal maintenance decisions may also be appealed. Under RCW 26.09.090, courts consider financial resources, earning capacity, length of marriage, and other circumstances.
An appeal may examine whether the judge properly applied these factors or abused their discretion. Changes in finances after the ruling may instead require a separate modification request.
What Happens During a Washington Divorce Appeal?
Unlike a trial, an appeal generally relies on the evidence and testimony already presented to the lower court.
The process typically involves filing a notice of appeal, preparing the trial record, and submitting written briefs explaining the legal arguments. The opposing party may respond, and the court may schedule oral argument.
After reviewing the case, the appellate court may affirm the ruling, reverse it, or return the matter to the trial court for further proceedings.
Filing an appeal does not automatically suspend all requirements in the divorce decree. Additional relief may be necessary.
Contact Our Washington Divorce Appeals Attorneys Today for a Free Consultation
If you believe the court made a serious mistake in your divorce case, understanding your appellate options is an important first step.
Appellate Counsel, P.C., focuses exclusively on appeals. Our attorneys can review your divorce ruling, assess possible errors, and explain the steps involved in seeking appellate review.
Contact us today for a free consultation with a Washington divorce appeals lawyer.
