Michigan Family Law Appeals
Representing Men from Unfair Bias in the Courts Since 1988
The attorneys at ADAM work very closely with an appellate attorney for family law appeals. Winning an appeal starts at the trial court level, and we know that more than anyone because of our years of experience in divorce and family law trials and court hearings. Most Michigan family law cases only have a limited time to file an appeal.
In some cases, it can be days or weeks after the actual court hearing occurs. It is vital to contact an experienced family law appeal attorney today. The attorneys at the American Divorce Association for Men have over 30 years of experience helping clients with their family law cases. If you want to file an appeal, our attorneys can guide you through the right path.
How to File a Family Law Appeal in MI
There are two types of appeals in Michigan family law, appeal by right and an appeal by leave. Only final orders are appealable by right, which includes most divorce judgments and other post-divorce court orders. Appeal by leave requires permission from the higher court before an appeal can be filed. This affects child custody or orders regarding attorney fees. Court orders after a judgment must be appealed by leave of the court. These include orders granting or denying modification of parenting time, child support or spousal support, or other orders that occur after a judgment was entered.
Common issues that you can appeal include:
- Failure to make sufficient finding of fact
- Failure to make sufficient conclusions of law
- Child support is inconsistent with the range of awards normally given
- Spousal support is inconsistent with the range of awards normally given
- The decision was based on legal conclusions without careful analysis of the law or of the evidence
An appeal by right on property, spousal support and financial issues can typically take between 1 to 2 years from filing the appeal, to a final opinion by the Court of Appeals. However, the timeline can vary depending on the case. An appeal by right regarding custody orders can be completed much quicker than other types of family law appeals. Most custody appeals cases can generally be completed in about 1 year.
ADAM Family Law Attorneys Can Help You
ADAM attorneys work hand in hand with appellate court attorneys. Should the Court of Appeals return the case to the trial court for additional proceedings, we stand ready to fight for you in the next phase. The advice you get during your initial trial has vast impact on your chances for successfully appealing and can affect the outcomes of your case going forward.
ADAM appellate attorneys can help you:
- Respond to threats of appeal from a former spouse
- Determine if you have a case for appeal
- Preserve your case for appeal
- File for appeal
- Represent you in post-judgment claims
At ADAM we can give you advice regarding what went on at the trial court level, and where you should be going now. Our experience in family law litigation allows us to identify opportunities for filing an appeal, which we exercise by preserving your case for appeal. We put objections and court errors on the record to strengthen any potential appeal after your trial. If there is additional work to be done by a trial attorney prior to the work on appeal, we can help with that as well. There may even be ways to extend the time allowed for appeal by filing a motion for reconsideration.