Wolf, Baldwin & Associates, P.C.

Can I appeal a divorce judgment?

After a divorce agreement is considered final by the court, that is generally the end of negotiations. However, one or both spouses do have a right to appeal the judge's decision in a trial court to an appeals court. While this is rather unusual because appeals courts don't often overturn a judge's ruling in a divorce case, it is not unheard of.

When filing for an appeal on a divorce judgment, both parties prepare a written appellate brief. This is a document written by your attorney that states the argument why you believe the judgment should be amended. There are references in appellate briefs to statutes and case law. Your spouse's attorney will then present their counter argument in their brief why the trial court's decision was correct. Once submitted to the appellate court, it will be up to the court to determine if they want to hear oral arguments from the parties.

If both of you agreed to the settlement, then it likely cannot be appealed. In most cases, the appellate court will not hear new testimony. Once the appeals court rules on your appeal, there is limited opportunity for more appeals.

This does not mean that you cannot petition the court to modify your divorce judgment. When this occurs, it is usually done for such things as child custody, visitation, child support and alimony. A "motion to modify" is made to the same court that originally heard the divorce case.

Modifying a divorce agreement is much easier than trying to appeal a divorce judgment. If you need more information, your divorce attorney can help.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Pottstown Office
800 East High Street
P.O. Box 444
Pottstown, PA 19464

Toll Free: 866-967-8935
Phone: 610-228-4582
Pottstown Law Office Map

West Chester Office
13 W. Miner Street
West Chester, PA 19382

Toll Free: 866-967-8935
Phone: 610-228-4582
West Chester Law Office Map

Reading Office
606 Court St., Suite 203
Reading, PA 19601

Toll Free: 866-967-8935
Phone: 610-228-4582
Reading Law Office Map