Can I Appeal A Divorce Decree?

Appealing a Divorce Decree in Georgia: Understanding Your Options

Divorce is a difficult and emotional process, and it can be even more challenging when you believe that the final divorce decree does not accurately reflect your interests or the best outcome for your family. In some cases, you may find yourself in a situation where you are considering appealing a divorce decree in Georgia. At The Edwards Law Group, we understand the complexities involved in divorce appeals and are here to provide the legal guidance and support you need during this trying time.

But what exactly is a divorce appeal, and when might it be applicable? Imagine this scenario: You have recently finalized your divorce, only to discover that crucial assets or child custody arrangements were not adequately addressed or were unfairly decided. This can be incredibly frustrating and disheartening, leaving you wondering if there is any recourse to rectify the situation. That’s where a divorce appeal may come into play.

If you are considering appealing a divorce decree, it is important to seek legal advice from experienced divorce attorneys who specialize in family law. At The Edwards Law Group, we have the expertise to navigate the complex legal process involved in divorce appeals in Georgia. Our team is dedicated to fighting for your rights so that we can maximize your chances at a fair final outcome.

How can you appeal a Divorce in Georgia?

The first question you may have is whether you can appeal a divorce in Georgia. The answer is yes, but it’s important to note that divorce appeals are not granted automatically. To have grounds for an appeal, you must demonstrate that an error of law occurred during the initial divorce proceedings. This means that there must have been a mistake made by the court or an unfair ruling that significantly impacted the outcome of your case.

How Do Divorce Appeals Work?

Divorce appeals involve a formal process that takes place in the appellate court system. It’s essential to understand that an appeal is not a retrial of your divorce case but a review of the legal procedures and decisions made during the initial proceedings. During the appeal, the appellate court will assess whether any errors of law were committed, such as misinterpretation of statutes or improper application of legal principles.

To initiate a divorce appeal in Georgia, you will need to file a Notice of Appeal within a specific timeframe, usually within 30 days of the entry of the final divorce decree. Working with a skilled attorney is crucial during this stage, as they will help you compile and present the necessary documents, including a written brief outlining the grounds for your appeal.

How Does a Family Court Appeal Work?

A family court appeal in Georgia follows a specific process. Once the Notice of Appeal is filed, the appellate court will review the case record, including transcripts of the initial divorce proceedings. However, unlike a trial court, the appellate court does not hear new evidence or testimony. The focus of the appeal is to examine the legal aspects of the case and determine if any errors were made.

After reviewing the case, the appellate court may take one of several actions. They may affirm the lower court’s decision, meaning they agree with the outcome and legal analysis. Alternatively, they may reverse the decision, indicating that errors were indeed made and a new decision should be reached. In some cases, the appellate court may remand the case back to the trial court for further proceedings or clarification on specific issues.

It’s important to note that the appellate process can be lengthy, and the outcome is not guaranteed. However, with the guidance of skilled divorce attorneys, you can navigate the complexities of the appeal and present a strong case to protect your rights and interests.

At The Edwards Law Group, we are dedicated to advocating for our clients during divorce appeals. Our experienced attorneys will thoroughly evaluate your situation. We understand the emotional toll that divorce appeals can take, and we are committed to guiding you through the process with compassion and expertise.

Contact The Edwards Law Group today to schedule a consultation and take the first step towards appealing your divorce decree. We will fight tirelessly to protect your rights and help you achieve the outcome you deserve.

Should I Get A Divorce? 5-Question Checklist

Deciding to get a divorce is never an easy decision. It can be emotionally challenging and take a toll on both parties involved. At The Edwards Law Group, we understand how overwhelming and stressful getting a divorce can be. That’s why we are here to provide you with the legal advice and assistance you need during this difficult time. Our experienced divorce attorneys and team in Atlanta is committed to helping you navigate the divorce process with ease and confidence.

If you are considering getting a divorce in Atlanta, there are several questions you should ask yourself to determine whether it is the right decision for you. These questions will help you gain clarity and insight into your situation, and make an informed decision about your future.

Should I Get a Divorce Checklist: 5 Questions to Ask Yourself

Question 1: Where do you see yourself in 5 years? 10 years?

One of the most critical questions to consider when deciding whether to get a divorce is where you see yourself in the future. What are your goals, dreams, and aspirations? How does your current marriage fit into those plans? It’s essential to take a step back and evaluate whether your marriage is helping or hindering your progress toward your future goals.

If your marriage as an obstacle to achieving your long-term goals, it may be time to consider a divorce. However, if you see your marriage as an integral part of your future, it may be worth putting in the effort to make things work.

Question 2: Has communication broken down in the marriage?

Communication is a vital component of any successful marriage. If communication has broken down in your marriage, it can lead to misunderstandings, resentment, and frustration. It’s crucial to assess whether your communication breakdown is temporary or permanent, and whether it is possible to resolve it.

If you feel that communication has broken down irreparably, it may be time to consider a divorce. However, if you believe that there is a chance for improvement, seeking counseling or therapy may be a good option to help rebuild communication.

Question 3: How do you see the relationship healing? Can it heal?

If you are considering a divorce, it’s important to assess whether there is a possibility of healing your relationship. Do you still love your spouse, and do you believe that they still love you? Is there a mutual desire to repair the relationship, or has that ship sailed?

Ask yourself if your spouse is willing to work on the relationship with you. Have they acknowledged the issues in the marriage and expressed a desire to work on them? Are they willing to attend counseling or therapy to work through these issues?

If you both are willing to work together and commit to repairing the relationship, it’s possible that your marriage can be saved. However, if one partner is not willing to put in the effort, it may be time to consider ending the marriage.

Question 4: Have you talked about divorce with your spouse?

Before making a final decision about divorce, it’s important to have an open and honest conversation with your spouse about your feelings and concerns. This can be a difficult conversation to have, but it’s crucial to ensure that both partners are on the same page and understand each other’s perspectives.

When having this conversation, it’s important to listen to your spouse’s concerns and be willing to compromise if possible. Keep in mind that communication is key, and you should try to keep the conversation as calm and respectful as possible.

If you and your spouse are not on the same page about the future of your marriage, it may be time to consider a divorce. However, if you can come to a mutual agreement about how to move forward, it may be worth putting in the effort to make things work.

Question 5: Did your spouse cheat on you?

Infidelity can be a significant blow to any marriage. If your spouse has cheated on you, it can lead to feelings of betrayal, anger, and hurt. It’s important to assess whether you can forgive your spouse and move forward together or whether the infidelity has irreparably damaged your relationship.

If your partner has cheated and you’re not sure if you can forgive them, it may be worth considering counseling or therapy to work through the issue together. However, if the infidelity is something you can’t forgive or move past, it may be time to consider ending the marriage.

Let an Atlanta Divorce Lawyer Help You with Your Decision

Divorce is a major decision that should not be taken lightly. It’s important to consider all factors before making a final decision, including where you see yourself in the future, the state of communication in your marriage, how you see the relationship healing, whether you’ve talked about divorce with your spouse, and if there has been infidelity.

If you’re considering divorce and need legal advice or assistance, The Edwards Law Group is here to help. Our experienced Atlanta divorce attorney can provide guidance and support throughout the process, ensuring that your rights are protected and your best interests are served.

Divorce is a life-changing decision that affects not just you but everyone in your family. You must not come to this decision hastily. It is best to consult with a divorce lawyer in Atlanta if you’re considering divorce and stay open to the possibilities and other options that may be more suited for you and your family’s situation. Contact us today to schedule a consultation and take the first step toward a better future.

What Legal Rights Do I Have To My Child If I’m Not Married?

Can emotional abuse be used as a factor during a divorce case?

Emotional abuse is one of the invisible aspects of divorce. What do we mean by this? Well, emotional abuse might not leave any visible scars, but it can be as damaging to you mentally, as physical abuse. Many women, and men too, know that emotional and physical abuse is a nightmarish ordeal that often leads to a dissolution of marriage. Regardless of whether the abuse during a marriage was emotional or physical, we’ve often seen this being used as the reason one spouse files for divorce. 

Examples of emotional abuse during a marriage

Abuse is all about power. Through yelling, bickering, bullying, gaslighting, and other tactics the abuser can begin to wear down the victim. Slowly, an unhealthy power dynamic is created of abuser and victim. Feelings of inadequacy, fear, shame, or worthlessness can develop and a person might not know how to get out of this unhealthy cycle. 

Emotional abuse often includes verbal threats. These could be threats of violence both physical and otherwise, they could also be threats of humiliation. For example, an abusive spouse might threaten public shaming. Many victims describe the torture are nauseating and the physical symptoms are very real.

Children can be affected by this. Not being old enough to understand, they could mimic abusive behavior. Likewise, they could also react differently and become depressed, reserved, or problematic at school.

How victims of abuse divorce their spouse

When a victim decides it’s time to divorce, they often know that the abuse might get worse. How so? Well, once divorce is filed the abuser might continue to verbally torment their former spouse. Text, phone calls, emails, etc. Even stalking or manipulating their children can occur. 

Make sure to save all physical evidence of abuse. This will help you and your legal team prepare for a strong presentation of your case.

It’s also important to get these pieces of evidence in order to file a restraining order. Temporary Protective Orders in Georgia, also known as a TPO, are able to be requested within a day. You must allege that a domestic partner, like a spouse, either physical assaulted you or threatened to do so.

Emotional abuse and Child Custody

Judges consider several different factors when granting custody of a child to a parent. Even though the abuse might not be directed at the child, it is important that the judge be presented with evidence of the abuse so it can be considered when making a determination of which parent should have custody of the child. For example, judges take into consideration the mental health of each parent, their stability, any history of domestic abuse. Oftentimes abused spouses are scared to speak up for themselves – and their children – and risk losing custody. 

Your attorney’s role in explaining to the court the trauma of the abuse is absolutely crucial during this stage. You probably don’t want your abusive spouse to gain serious custody over your child or children.

Contact The Edwards Law Group Today

If you’re located in Atlanta, Marietta, Alpharetta, Johns Creek, Lawrenceville, or anywhere in the Metro Atlanta area, and are looking for an experienced divorce attorney contact us today.

Non-Traditional-Family-Law

Why Same-Sex Divorce is Different

It wasn’t long ago that the discussion about who could legally marry was still a raging and heated discussion nationwide. Decades of legal challenges and emotional appeals by activists and everyday people culminated in the 2015 landmark decision allowing marriage for all. And, while the celebrations have passed and we slowly start taking this relatively new law for granted there are still certain quagmires that same-sex couples and spouses have to grapple with, especially as it pertains to divorce.

Due to the fact that same-sex marriage is so new and the fact that our country is divided into 50 states, all with unique approaches to the law, it will be some time before clear-cut rules are made regarding same-sex marriages (and divorces). Divorces oftentimes lead to a period of stress, anxiety, and worry.

If in fact, you have decided to move forward with a divorce, select an experienced family law attorney with the right set of tools, resources, and experience to help you handle this tricky moment correctly. Failure to speak to an attorney experienced with LGBTQIA issues may cause unnecessary heartache and expense, all of which can be avoided by looking ahead and planning appropriately. Contact The Edwards Law Group to discuss your case and see how we can help you.

 

2 Things to Consider Regarding LBTQ+ Divorce

When does a marriage start? Of course, to most people, this question would be answered with the date that a couple has their ceremony or files papers at their local courthouse. But, in the eyes of the law, there are a few other items to consider. As an example, if a couple has been together for 12 years and they were part of a domestic partnership or union before the 2015 Supreme Court decision allowing marriage for all, after this the couple were legally married. Why may this be an issue? One of the considerations that happen during a divorce proceeding is the division of assets. Assets that are to be divided are normally determined based on the start of a marriage. Meaning, if one person bought an asset before they were married that normally does not become part of the discussion during the legal proceedings. Lines might become a bit blurry if something like a domestic partnership or civil union comes into play. It’s important to consider these various unions when going through a divorce as they could affect your future proceedings.

Also, many LGBTQ+ parents have child support and child custody to consider when filing for a divorce. It’s a delicate subject and having an attorney by your side who understands how to protect your interest is paramount.

Contact Us Today – Atlanta, GA

V. Joy Edwards is a well-known experienced Atlanta divorce attorney and an excellent litigator. The Edwards Law Group brings the experience and compassion necessary to give you excellent representation. Together, we have many years of combined experience we bring to the table and an understanding that every divorce is unique and requires an individual touch. Whether you’re dealing with child custody, child support, division of property, alimony, or any other aspect of a divorce, we’re ready to help!

Give us a call at 770-723-7211.